SC defers hearing on Wasifuddin Dagar’s plea against AR Rahman over ‘Ponniyin Selvan II’ song
New Delhi, Feb 13 (IANS) The Supreme Court on Friday adjourned to February 20 a plea filed by renowned classical vocalist Ustad Faiyaz Wasifuddin Dagar against music composer A.R. Rahman, alleging that the song “Veera Raja Veera” featured in the Tamil film “Ponniyin Selvan II” is inspired by his family’s traditional composition “Shiva Stuti”.
During the hearing, a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that the Dagarvani tradition needs no introduction and has made an unparalleled contribution to Indian classical music.
The CJI Kant-led Bench suggested that instead of entering into “legal niceties”, some form of acknowledgement could be considered.
“There should be some acknowledgement. They are traditional worshippers of classical music. They are not in the competitive field. They want respect and recognition,” it said.
Addressing senior advocate Abhishek Manu Singhvi, appearing for Rahman, the apex court said, “Your client is also a well-known composer.” “If these gharanas had not contributed to the shastriya sangeet, do you think these modern singers would have managed?” it added.
Responding to the top court’s suggestion, Singhvi said: “I hear your lordship’s subtext. You are not on the law or the fight. My lords are now saying add that one line regarding performance. I will take instructions.”
The CJI Kant-led Bench adjourned the matter till Friday for further hearing. Earlier, the Delhi High Court, in a judgment passed on September 24, 2025, had set aside an interim order directing Rahman and the film’s producers to deposit Rs 2 crore and to modify song credits in favour of the Junior Dagar Brothers.
A division bench of Justices C. Hari Shankar and Om Prakash Shukla had held that there was no prima facie material to establish that the late Ustad N. Faiyazuddin Dagar and Ustad N. Zahiruddin Dagar — popularly known as the Junior Dagar Brothers — were the authors or composers of “Shiva Stuti”.
The Delhi High Court drew a clear distinction between a performer’s rights and authorship, observing that “mere performance or fixation of a musical piece does not, by itself, confer copyright in the underlying composition”.
Setting aside the single-judge Bench’s order, the Justice Hari Shankar-led Bench had ruled that the materials relied upon by Wasifuddin Dagar, including recordings of performances and album inlay cards, at best demonstrated performance rights under the Copyright Act and could not be treated as proof of authorship.
It further observed that the “Shiva Stuti” forms part of the broader Dagarvani or Dhrupad tradition of Hindustani classical music, which has historically evolved through oral transmission across generations, and allowing exclusive copyright claims over such compositions could have serious implications for the guru-shishya parampara.
Aggrieved by the setting aside of interim relief, Wasifuddin Dagar has now approached the Supreme Court, seeking restoration of recognition and protection of the moral and copyright interests of the Junior Dagar Brothers.
–IANS
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