Overview
- A division bench of Justices C Hari Shankar and Om Prakash Shukla allowed Rahman’s appeal against the April 25 single-judge order.
- The court granted relief without deciding whether copyright infringement occurred, with a detailed judgment awaited.
- The single-judge had found the PS-2 song identical to the Dagar family’s ‘Shiva Stuti’ and ordered revised credits, a Rs 2 crore deposit, and Rs 2 lakh in costs.
- The bench observed that treating those who rendered a composition as its composers would require rewriting the statutory definition of “composer.”
- Ustad Faiyaz Wasifuddin Dagar alleges the song mirrors the 1970s composition’s melody and beat, while Rahman argues similarities arise from raaga structure and that authorship was not established.