Jammu and Kashmir High Court stays defamation case against makers of film Article 370

The High Court of Jammu and Kashmir and Ladakh on Friday stayed criminal defamation proceedings filed against the makers of the feature film Article 370 [Aditya Dhar and Ors v. Ghulam Mohammad Shah]..Justice Moksha Khajuria Kazmi passed the order after noting that the trial court had failed to comply with mandatory procedure prescribed in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) while issuing a summons in the case on December 30, 2025. .The defamation complaint was filed by a man who alleged that his photo was used in the film without his consent to depict a terrorist, thereby harming his reputation. In December, a trial judge issued pre-cognizance summons to the film's makers in the defamation case. The filmmakers, including movie producer Aditya Dhar, challenged this before the High Court.Their counsel argued that under Section 223(1) of the BNSS, a magistrate must first examine the complainant and witnesses on oath, reduce their statements into writing, and only thereafter consider the issuance of notice and cognizance, while ensuring an effective opportunity of hearing to the accused, along with the supply of relevant material. It was contended that none of these mandatory steps had been followed.Upon examining the trial court records, the High Court found no indication that sworn statements of the complainant or witnesses had been recorded before the issuance of notice to the filmmakers. Finding prima facie non-compliance with the prescribed procedure, the Court stayed the criminal defamation proceedings. It also sought the response of the man who filed the defamation complaint to the plea filed by the filmmaker to quash the complaint and the trial court's summons.The matter is listed for further hearing on March 23. Until then, the criminal defamation case would remain stayed, the High Court said. "In the meantime, subject to objections of other side and till next date of hearing before the Bench, the proceedings in the complaint filed by respondent, shall stay," the Court's order said. .Senior Advocate Syed Faisal Qadri, and Advocates Farman Ali Magrey, Parag Khandhar, Ibrahim Alam, Chandrima Mitra, and Sikander Hayat Khan, represented the filmmakers. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.