The Dindoshi sessions court in Bombay on September 19 quashed criminal proceedings against Subhash Chandra, former non-executive director of Zee Entertainment Enterprises Ltd. (ZEEL), in a 2012 complaint over Zee TV serial Punar Vivaah – Zindagi Milegi Dobara. The complaint alleged that the serial was based on a writer-producer’s copyrighted story. The court held that the magistrate had mechanically issued process despite a negative police inquiry report, without explaining why it was rejected or what additional material justified summoning the accused.
Additional sessions judge M. Mohiuddin M.A. allowed Chandra’s criminal revision application and set aside the November 3, 2020 order of the metropolitan magistrate, 65th court, Andheri, Bombay, insofar as it concerned him.
The complaint was filed in April 2012 by a writer-producer-director who alleged that he had registered his story of a television show with the Film Writers Association, and had obtained copyright registration in June 2011. He alleged that he handed a copy of the said story to the accused. After Zee TV indicated that it was not interested in producing the show, he alleged that his story was used for Punar Vivaah, telecast on Zee TV. He accused the parties of criminal breach of trust, cheating, conspiracy and copyright infringement. He also alleged that an earlier script, ‘IPL Indian Pagalpan League’, had been used for Ladies Special.
Following an inquiry ordered under section 202 of the CrPC, the Oshiwara (Bombay) police submitted a report on July 9, 2014, stating that no offence was made out against the accused. The complainant subsequently filed a protest petition with additional documents.
Despite the police report, the magistrate in November 2020 rejected it and issued process against eight accused, including ZEEL and its directors for alleged offences under sections 406, 420 and 120(B) read with section 34 of the IPC, and section 63 of the Copyright Act.
Subhash Chandra challenged the order, arguing that no specific role had been attributed to him and that the complaint did not establish when or to whom the script was handed over. He also said, he was a non-executive director.
The sessions court noted that the magistrate had not explained why the negative police report was rejected or what additional material had emerged after the police report.
Allowing Chandra’s revision application, the court did not decide whether Punar Vivaah infringed copyright, observing that differences between the alleged reality show concept and the fiction serial could be considered during trial.