The Top Court docket of Jammu and Kashmir and Ladakh on Friday stayed prison defamation lawsuits filed towards the makers of the function movie Article 370. – Asiapedia

The Top Court docket of Jammu and Kashmir and Ladakh on Friday stayed prison defamation lawsuits filed towards the makers of the function movie Article 370.

Justice Moksha Khajuria Kazmi handed the order after noting that the trial court docket had didn’t conform to necessary process prescribed within the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) whilst issuing a summons within the case on December 30, 2025.The defamation criticism was once filed via a person who alleged that his picture was once used within the movie with out his consent to depict a terrorist, thereby harming his recognition.

In December, an ordeal pass judgement on issued pre-cognizance summons to the movie’s makers within the defamation case.The filmmakers, together with film manufacturer Aditya Dhar, challenged this prior to the Top CourtTheir recommend argued that beneath Phase 223(1) of the BNSS, a Justice of the Peace should first read about the complainant and witnesses on oath, cut back their statements into writing, and best thereafter believe the issuance of understand and cognizance, whilst making sure an efficient alternative of listening to to the accused, at the side of the availability of related subject material.

It was once contended that none of those necessary steps were adopted.Upon inspecting the trial court docket data, the Top Court docket discovered no indication that sworn statements of the complainant or witnesses were recorded prior to the issuance of understand to the filmmakers.

Discovering prima facie non-compliance with the prescribed process, the Court docket stayed the prison defamation lawsuits. It additionally sought the reaction of the person who filed the defamation criticism to the plea filed via the filmmaker to quash the criticism and the trial court docket’s summons.The topic is indexed for additional listening to on March 23. Till then, the prison defamation case would stay stayed, the Top Court docket stated.

“Within the period in-between, matter to objections of different facet and until subsequent date of listening to prior to the Bench, the lawsuits within the criticism filed via respondent, shall keep,” the Court docket’s order stated.Senior Recommend Syed Faisal Qadri, and Advocates Farman Ali Magrey, Parag Khandhar, Ibrahim Alam, Chandrima Mitra, and Sikander Hayat Khan, represented the filmmakers.