The Supreme Court on February 13 told music director A.R. Rahman to show respect and acknowledge the contributions of legendary Junior Dagar Bandhu to Dhrupad tradition of Indian classical music. The heir of Junior Dagar brothers accused Rahman of infringing copyright over Shiv Stuti composition by its unauthorised use in his Veera Raja Veera song.
Ustad Faiyaz Wasifuddin Dagar had filed a suit seeking to injunct A.R. Rahman from using Shiv Stuti, which he claimed to have been originally composed by his father, Ustad Faiyazuddin Dagar, and his father’s brother, Zahiruddin Dagar. He said, he still held copyright over Shiv Stuti which was composed by his father and uncle.
The plaintiff had said during the playout of the Veera Raja Veera song across all modes and media, including digital, internet, OTT platforms, satellite, cable television etc., that Dagar brothers must be credited.
Justice Pratibha Singh of the Delhi high court had asked for the existing credit line ‘Composition based on a Dagarvani Traditional Dhrupad’ to be replaced by ‘Composition based on Shiv Stuti by late Ustad Faiyazuddin Dagar, late Ustad Zahiruddin Dagar’. The four defendants including Rahman had been asked to deposit Rs. 2 crore each subject to outcome of the suit. However, a division bench of the HC had set aside the interim directions — change of credit and deposit of Rs. 2 crore each by the defendants — saying that Dagar failed to establish prima facie proof of authorship or originality of Shiv Stuti.
An apex court bench comprising CJI Surya Kant and Justice Joymalya Bagchi told A.R. Rahman’s counsel that the plaintiff had made out a case for originality of the composition, but the issue of authorship would be examined. Both, the CJI and Justice Bagchi, were unequivocal about the immense contributions made by Dagar Bandhu to Indian classical music. They asked, “Without their and other exponents’ contributions to classical music, do you think, the modern singers would have survived?”
The Supreme Court also said, the high court could have avoided some observations in its judgement and told Rahman’s counsel that “instead of going into legal niceties, you could give some respect to them. They are not in commercial competition with you. All they want is some respect and acknowledgement.”