The Jammu and Kashmir and Ladakh High Court has stayed proceedings in a criminal defamation case against filmmaker Aditya Dhar and others over their film Article 370. The complaint was filed by Ghulam Mohammad Shah, alleging that the movie used his photograph without permission, portraying him as a terrorist and damaging his reputation.
The court noted that key legal procedures were overlooked, and Shah's statements were not recorded under oath, as required. The filmmakers, including Aditya Dhar, had produced Article 370, starring Dhar's wife, Yami Gautam Dhar. The magistrate had issued a pre-cognizance summons under Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023, pertaining to defamation.
Senior advocate Syed Faisal Qadri argued that the magistrate had to examine the complainant and witnesses under oath, and the court agreed, staying proceedings in Shah's complaint against Aditya Dhar. The next hearing is scheduled for March 23.
The court's decision highlights the importance of following proper procedures in defamation cases, ensuring that accused individuals are given a fair chance to respond.