The Delhi High Court has stayed an earlier interim injunction granted in favour of veteran classical vocalist Ustad Faiyaz Wasifuddin Dagar in his copyright infringement lawsuit against noted music composer A.R. Rahman. The case concerns the alleged unauthorized use of the classical composition “Shiva Stuti” in the Tamil film Ponniyin Selvan 2, specifically in the song "Veera Raja Veera."
A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul passed the stay order after AR Rahman appealed against the earlier ruling.
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"The direction to deposit the amount is only formal in nature," observed the Bench while hearing the matter.
The single judge, in the earlier order, had concluded that the song Veera Raja Veera was not just inspired by but was in fact identical to the Shiva Stuti composition, with only minor modifications. The judge had ordered the filmmakers to add slides in the song video giving credit to the original composers — Dagar’s father Nasir Faiyazuddin Dagar and uncle Ustad N Zahiruddin Dagar.
Additionally, the Court had directed the defendants, including Rahman, to deposit ₹2 crore with the court registry and also pay ₹2 lakh as legal costs to Ustad Dagar.
In response to Rahman’s appeal, the division bench stayed the interim order and instructed that the ₹2 crore be deposited by Rahman, pending further proceedings.
The case stems from Ustad Dagar’s claim that the Shiva Stuti composition, created by his father and uncle in the 1970s, was one of their original and significant works. According to him, it had been performed at several international platforms, including at the Royal Tropical Institute, Amsterdam in 1978.
“Though the lyrics of the two songs differ, the rhythm (taal) and beat of Veera Raja Veera are identical to Shiva Stuti,” argued Dagar.
He also asserted that he holds all the legal rights to his father’s and uncle’s compositions through an agreement with the other legal heirs of the family.
Dagar had approached the court seeking a restraint order against the use of Shiva Stuti in the film song. He maintained that the melody and musical structure were copied without consent.
The matter is now scheduled to be heard next on May 23.
Title: A R Rahman v. Ustad Faiyaz Wasifuddin Dagar & Ors.
