Delhi High Court refuses to stop private channel from broadcasting Gurbani from Golden Temple

The Delhi High Court on Friday refused to pass any interim orders on a plea filed by Shiromani Gurdwara Parbandhak Committee (SGPC) to stop a private television channel from broadcasting or rebroadcasting Gurbani (sacred hymns and scriptures of Sikhism) from the Golden Temple. 

SGPC and a channel named PTC approached the High Court against Galactic Television and Communications alleging copyright infringement. 

SGPC – the apex body entrusted with managing the Golden Temple (Sri Harmandir Sahib) – argued that they hold the copyright in the broadcast of the Gurbani from the Golden Temple. It stated that Galactic Television, by broadcasting the same, although with a 10-second delay, is violating their rights.  

At present, the Gurbani from the Golden Temple is broadcast on SGPC’s YouTube channel and on PTC. 

Justice Anup Jairam Bhambhani today gave a prima facie opinion that the Guru Granth Sahib is a literary work and that if its broadcast by SGPC is used for a genuine religious ceremony without resorting to commercialisation, it may not amount to copyright infringement. 

“It is a literary cum musical work. You are reciting the Gurbani by way of musical performance. There is a literary work called Guru Granth Sahib which you sing by way of musical work. Therefore, you are a literary and a musical work which, if used for bona fide religious ceremony, is not an infringement,” the Court remarked.

It agreed with the defendant Galactic Television’s submission that the broadcast by them may be exempt from copyright under Section 52(1)(z)(a) as also on a reading of Section 52 1(l) of the Copyright Act. 

“In view thereof, this Court is not inclined to pass any ad interim order at this stage,” the Bench said. 

The Bench asked the defendants to file their replies on the interim injunction application and said the case will be heard next on September 24. 

Earlier, Senior Advocate Chander M Lall appeared for SGPC and argued that defendants’ actions do not amount to fair dealing. 

However, Senior Advocate PS Patwalia appeared for Galactic Television and argued that they are not commercialising the broadcast and that there is no copyright in the Gurbani or kirtan being streamed from the Golden Temple.