The High Court of Punjab and Haryana has refused to intervene in the Ludhiana court order staying the release of Punjabi film ‘Jodi Teri Meri’, a biopic on late Punjabi singer Amar Singh Chamkila. It has refused interference on the ground that the local court’s order should have been challenged before the appropriate authority in appeal instead of approaching the High Court directly. The movie was to be released on Friday.
“I am of the considered opinion that no exceptional case is made out for exercise of jurisdiction under Article 227 of the Constitution, particularly when the petitioner has chosen to take its chance by approaching this court first instead of availing the remedy of statutory appeal against the impugned order under Section-104 read with Order 43 Rule 1(r) Civil Procedure Code (CPC). The petitioner, if so advised, may still avail his remedy before the lower courts, in accordance with law... this order will not come in the way of the petitioner, if it chooses to avail remedy of appeal or approach the trial court,”
Justice Vikas Suri observed while hearing a petition filed by M/s Thind Motion Films Private Limited challenging the May 1 order of civil judge (junior division), Ludhiana court.
Justice Suri observed: “The power of interference under Article 227 of the Constitution is to be kept minimum to ensure that wheel of justice does not come to halt & the fountain of justice remains pure & unpolluted in order to maintain public confidence in the functioning of the tribunals & courts subordinate to high court.” The petitioner had contended that in view of the specific bar contained in Section 62 of the CopyRight Act, 1957, the suit was not maintainable before the civil judge (junior division), who entertained the same.
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