Srinagar, Feb 6: The High Court of J&K and Ladakh on Friday stayed further proceedings before the trial court here in a defamation complaint against the director and producers of the feature film Article 370.
A Bench of Justice Moksha Khajuria Kazmi, in an interim order, put on hold the proceedings in response to a petition filed by filmmakers Aditya Dhar, Lokesh Dhar and Aditya Suhas Jambhale. The trio has sought to quash the criminal complaint alleging defamation through the use of a photograph purportedly depicting the complainant, Ghulam Muhammad Shah as a “terrorist” in the film.
Shah has approached the trial court with a complaint seeking action under section 359 (Defamation) of Bharatiya Nyaya Sanhita (BNS). Subsequently, the trial Magistrate issued pre-cognizance summons to the filmmakers for the offence on December 30 last year.
Senior Advocate Syed Faisal Qadri with Farman Ali Magrey and others, appearing for the filmmakers, contended that the Magistrate had acted in violation of Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by issuing notice to the accused without first examining the complainant and witnesses on oath and without supplying copies of the complaint and sworn statements to the accused.
The counsel argued that the proviso to Section 223 BNSS mandates that no cognisance can be taken without granting the accused an effective opportunity of being heard.
In support of the petitioners’ contention, the counsel relied on various judgments passed by the High Courts of Allahabad and Karnataka.
The Bench noted that the trial court record revealed that no statements of complainants or witnesses had been recorded prior to issuance of notice to the filmmakers.
“In the meantime, subject to objections of the other side and till the next date of hearing before the Bench, the proceedings in the complaint filed by respondent (Shah), shall stay,” the Bench said, while issuing notice to Shah in response to the petition.
The matter has been listed for further hearing on March 23.
Besides Qadri and Magrey, the petitioners were represented by advocates Parag Khandhar, Ibrahim Alam, Chandrima Mitra and Sikander Hayat Khan.
