Delhi HC cancels temporary order against AR Rahman in a lawsuit over 'Veera Raja Veera' in 'PS 2' for copyright infringement

A R Rahman

In a major relief to music director A R Rahman, the Delhi High Court on Wednesday (September 24) set aside an interim injunction order granted in favour of veteran Indian classical singer Ustad Faiyaz Wasifuddin Dagar.

Ustad Faiyaz Wasifuddin Dagar had filed a case against A R Rahman for copyright infringement of the illegal use of his 'Shiva Stuti' in the 'Veera Raja Veera' song from hit Tamil film 'Ponniyan Selvan 2'.

The oscar-winning music director wrote the song, which has drawn criticism for its uncanny resemblance to Shiva Stuti, a traditional Dhrupad composition that was first written by Dagar's father, Ustad Nasir Faiyazuddin Dagar, and uncle, Ustad Nasir Zahiruddin Dagar.

"We have allowed the appeal. We have authored concurrent opinions. We have set aside the impugned order by the single-judge on principle," the bench observed. However, the Court clarified that it had not examined the actual question of infringement at this stage.

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In a fresh judgment today, a bench of Justice C Hari Shankar and Justice Om Prakash Shukla allowed the appeal filed by A R Rahman against the single judge order. A detailed order is still awaited.

The earlier order had been passed by Justice Prathiba M Singh on a suit filed by classical vocalist and Padma Shri awardee Ustad Faiyaz Wasifuddin Dagar. Dagar alleged that 'Veera Raja Veera' was copied from 'Shiva Stuti', a classical composition created by his father, Ustad Nasir Faiyazuddin Dagar, and uncle, Ustad Zahiruddin Dagar, collectively known as the Junior Dagar Brothers.

Justice Singh had observed the two works to be nearly identical, stating that 'Veera Raja Veera' was "not merely based on or inspired by 'Shiva Stuti' but identical... with mere change in lyrics."

In his lawsuit, Dagar maintained that he holds the rights to all compositions of his father and uncle, both renowned exponents of the Dhrupad tradition of the Dagar Gharana. He traced 'Shiva Stuti' to the 1970s, highlighting its performance at international venues, including the Royal Tropical Institute in Amsterdam in 1978, and its inclusion in the album Shiva Mahadeva. He argued that Rahman's song was based on this composition and sought credit across platforms, along with an injunction against its use by Rahman, Madras Talkies, Lyca Productions, and Tips Industries.

Dagar told the Court that although Rahman had once assured him over a phone call that he would attempt to resolve the issue, no follow-up occurred.

The defendants, however, rejected the claims. Madras Talkies termed the allegations "misconceived," insisting that 'Veera Raja Veera' was based on a traditional song, and accused Dagar of seeking publicity and financial gain. Tips Industries also argued that copyright could not be claimed over the "manner of singing" or style of rendition. ( With ANI Inputs)