ANAND BHUSHAN & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, by way of the present writ petition under Article 226 relying upon violation of Articles 14, 19(1)(c) & 19(1)(g) of the Constitution of India, have prayed for striking down Sections 11(2), 12(2), 31, and 33A(2) of the Copyright Act, 1957, as amended by the Copyright (Amendment) Act, 2012 ("Act", for short) and Rules 3, 47(1), 56(3), 56(4), 56(5), 56(6), 57, 59(7) and 61(5) of the Copyright Rules, 2013 ("Rules", for short). Further, a prayer is also made to pass an order prohibiting the respondent from making any appointment to the Copyright Board in terms of the impugned provisions.

(2.) By order dated 208.2013, C.M.No.10983/2013 for amendment of the petition was allowed and the amended writ petition was taken on record.

(3.) Petitioner No.2 is a Company registered under the Companies Act, 1956. Petitioner No.3, the Indian Reprographic Rights Organization ("IRRO"), is a registered Society under the Societies (Registration) Act, 1860 having its head office in Delhi, whereas petitioner No.4, the Federation of Indian Publishers ("FIP"), is also a registered Society which is an apex body representing the Indian Publishing Industry and engaged in promoting and representing the interests of the said industry. It is submitted that the petitioners publishing business and commercial activities extend to the whole country and beyond, specifically Delhi, which is a major centre of publishing activities.