NARMADHA SAMPATH Associates & Advocates RPAD NOTE TO THE ESTEEMED PRESS The Hon’ble Supreme Court of India today disposed of the Special Leave Petition filed by Ustad Faiyaz Wasifuddin Dagar challenging the judgment of the Honourable Division Bench of the Delhi High Court. The Honourable Supreme Court did not interfere with the judgment of the Honourable Division Bench of the High Court and has not expressed any view on the merits of the dispute. During the hearing, the Honourable Supreme Court encouraged the parties to explore an amicable resolution. In that context, it was indicated that the existing credit accompanying the composition, which had previously acknowledged the Dagarvani Dhrupad tradition across all platforms would be supplemented to state that the Junior Dagar Brothers were the first to record the composition “Shiva Stuti.” The acknowledgment of the Dagarvani tradition was a pre-existing and voluntary credit reflected well before any proceedings were initiated and independent of any interim orders passed in the suit. In the suit proceedings pending before the Honourable Delhi High Court, the claims of authorship by the Junior Dagar Brothers over the said composition and the allegations of copyright infringement have been categorically denied and disputed. These positions, as upheld by the Honourable Division Bench of the Delhi High Court, remain fully intact and unaffected by the aforesaid clarification to the credits. All questions relating to authorship, originality, and alleged infringement remain open until proven in the Court and will be determined in accordance with law.
NARMADHA SAMPATH
Associates & Advocates
RPAD
NOTE TO THE ESTEEMED PRESS
The Hon’ble Supreme Court of India today disposed of the Special Leave Petition filed by Ustad Faiyaz
Wasifuddin Dagar challenging the judgment of the Honourable Division Bench of the Delhi High Court.
The Honourable Supreme Court did not interfere with the judgment of the Honourable Division Bench of the High Court and has not expressed any view on the merits of the dispute.
During the hearing, the Honourable Supreme Court encouraged the parties to explore an amicable resolution. In that context, it was indicated that the existing credit accompanying the composition, which had previously acknowledged the Dagarvani Dhrupad tradition across all platforms would be supplemented to state that the Junior Dagar Brothers were the first to record the composition “Shiva Stuti.”
The acknowledgment of the Dagarvani tradition was a pre-existing and voluntary credit reflected well before any proceedings were initiated and independent of any interim orders passed in the suit.
In the suit proceedings pending before the Honourable Delhi High Court, the claims of authorship by the Junior Dagar Brothers over the said composition and the allegations of copyright infringement have been categorically denied and disputed. These positions, as upheld by the Honourable Division Bench of the Delhi High Court, remain fully intact and unaffected by the aforesaid clarification to the credits.
All questions relating to authorship, originality, and alleged infringement remain open until proven in the Court and will be determined in accordance with law.