Kantara Plagiarism Row: Kerala High Court Stays Magistrate Order Directing Seizure Of Materials Related To "Varaharoopam" Song

The Kerala High Court recently stayed the order of the Chief Judicial Magistrate, Kozhikode that had directed the investigating officer to seize agreements/contracts related to the allegedly plagiarised song "Varaharoopam" from the Kannada movie “Kantara”.

Further proceedings pursuant to the order of the Magistrate was stayed by a single bench of Justice Raja Vijayaraghavan in a plea filed by Producer of ‘Kantara’ Vijay Kirgandur and Music Director, B L Ajaneesh.

The order was passed by the Magistrate based on a complaint filed by Mathrubhumi Printing and Publishing Co. Ltd. seeking investigation and seizure of materials related to the song based on the allegation that the song "Varaharoopam" from the movie “Kantara” is an unauthorised copy of the song "Navarasam" which was exhibited in `KAPPA' T V owned by Mathrubhumi and performed by the band Thaikkudam Bridge.

The Petitioners in their plea stated that the FIR pertaining to the matter is under challenge before the High Court and the matter being sub-judice, the Magistrate had no jurisdiction to pass the impugned order. The Petitioners argued that they cannot be charged with criminal offences since the matter is a civil dispute.

The Petitioner also contended that the Magistrate had passed the order based on the specific bail condition that imposed by the High Court on the anticipatory bail moved by the Producer of the film, which was later stayed the Supreme Court.

The court had previously granted bail to both the Producer and Director on the specific condition that "the petitioners shall not exhibit the film `KANTARA' along with the music `VARAHAROOPAM' in the film till an interim order or final order after addressing infringement of copyright in this matter will be passed by a competent civil court.”. The specific bail condition that "Varaharoopam" song shouldn't be used was subsequently stayed by the Supreme Court. The interim order of the Apex Court was also made final in its order dated 17.03.2023, the Petitioner informed the High Court.

Counsel for the Petitioners: Advocates Anoop V Nair, P B Krishnan, Laya Mary Joseph and Avanthika R

Case Title: Vijay Kirgandur V State of Kerala

Click here to read/download order