The Delhi High Court on Thursday asked singer Zubin Nautiyal why he had filed a suit for protection of personality rights before Delhi High Court when is he is based out of Uttarakhand.
Justice Tushar Rao Gedela asked how the Delhi High Court would have jurisdiction to entertain Nautiyal's suit.
The Court also noted that some of the defendants against whom Nautiyal was seeking an injunction were based in Romania and the UAE.
"What is the reason for coming here? Court in Uttarakhand can’t call them [defendants] and pass directions? Are you saying Google is not available in Uttarakhand? You have to tell us this, no? Why Uttarakhand doesn’t have jurisdiction when you yourself are located there? Is it the law that because the ministry is here, whatever will be against them, all jurisdiction, whether from Madras, Calcutta or Bombay will come here?" the Court asked.
Nautiyal approached the High Court, stating that several entities have been exploiting his name, voice, image, likeness and other elements of his persona without authorisation, licence or permission.
The singer claimed that such acts amount to infringement of his personality and publicity rights, as well as violation of registered trademarks, copyrights and other intellectual property jointly owned by him.
However, during the hearing of the case, Justice Gedela noted that Nautiyal is from Uttarakhand and the defendants against whom he was seeking reliefs can be made parties in the Uttarakhand courts as well.
Nautiyal's counsel said that the Department of Technology as well as the Ministry of Electronics and Information Technology (MEITY) are based in Delhi, and many infringers also operate from Delhi.
Further, it was stated that many other celebrities like Vivek Oberoi also approached the Delhi High Court for the protection of personality rights.
However, the Court said that those are interim orders and they may not create a precedent.
"They are all Order 39, Rules 1 and 2 orders. Will that create a precedent?" Justice Gedela asked.
In the end, he said that he will pass appropriate orders in the case.
"We will pass orders," the judge said.
Note: An earlier version of the story said that the Court passed a direction to protect Nautiyal's personality rights. However, the Court is yet to pass an order. The error is regretted.