PT. NAVEEN JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the action of the respondents whereby the private respondents are using the song "Hus Mat Pagali Pyar Ho Jayega" written by the petitioner without his permission.

(2.) The petitioner is engaged in the work of writing and also writing songs for drama, TV shows and films. The creative work which has been done by the petitioner and various songs and story which had been penned by him was registered with respondent No.2. The petitioner is a member of Writer Association now known as Screen Writer's Association. Respondent No.2 is statutory body registered under the Trade Union Act, 1926. All the writers, screen writers, poets get their song, story, scripts etc registered with films writer association. If any person steals or uses the original first work of the writer, then the complaint is made to respondent No.2. The registration of the petitioner is renewed from time to time. The Central Board of Film Certification or Indian Censor Board is a regulatory body in India to review films T.V. Serials, T.V. Commercials and various visual materials. It is under the Ministry of Information and Broadcasting, Government of India. Its task is to regulate the public exhibition of film under the provisions of Cinematograph Act, 1952 (hereinafter referred to as 'the Act of 1952'). Films can be publically exhibited in India only after they are certified by board. The petitioner wrote a song with Mukhada "Hus Mat Pagali Pyar Ho Jayega". This song was first created by the petitioner and this song is his authoritative work. The said song written by the petitioner was registered with Writer Association on 09/02/2016.

(3.) The petitioner submitted an application to respondents No.2 and 3 to take action against the private respondents for using/stealing his original first creating work i.e. song written by him with title "Hus Mat Pagali Pyar Ho Jayega", however, no action has been taken to restrain the telecast of said song. The petitioner is living in Jabalpur. While he was at Jabalpur, he he heard about the movie 'Toilet-Ek Prem Katha' in media. The petitioner also learnt that said movie is due for release before public on 11th August, 2017. As the release date of the film was reaching on 11 th August, 2017, many advertisement of the movie, its story, script and songs were displayed in the media. While going through the material published and broadcasted in Media, the petitioner learnt that one of the song which has been written by him is being used in the film. The song of the petitioner with Mukhda "Hus Mat Pagali Pyar Ho Jayega" was main song in the film and this Mukhda was repeated in the song in many times. When the petitioner heard about the said song, he gave notice to Viacom 18 Media i.e. respondent No.4. The petitioner has also filed a complaint before Film Writers Association, but no action has been taken by the Film Writers Association till date. The petitioner has also preferred one complaint before the Superintendent of Police, Jabalpur, seeking appropriate action against the private respondents in regard to piracy of song penned by the petitioner. The petitioner received reply sent to him on behalf of respondent No.4 on 19/07/2017 in which respondent No.4 has denied that the petitioner is having any right over the said song. Being aggrieved the inaction of the respondents, the petitioner has filed the present writ petition.