J&K High Court Stays Defamation Case Against Film Producer Aditya Dhar Over ‘Article 370’

The High Court of Jammu & Kashmir and Ladakh has put a temporary halt on criminal defamation proceedings filed against filmmaker Aditya Dhar and others in connection with the film Article 370.

Justice Moksha Khajuria Kazmi passed the order while hearing a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petition challenged both the criminal complaint and the pre-cognisance summons issued by a Magistrate in Srinagar.

The case arose from a complaint filed by Ghulam Mohammad Shah, who alleged that his photograph was used in the film and that he was portrayed as a terrorist, harming his reputation. Based on this claim, the Magistrate had issued summons for an offence under Section 356 of the Bharatiya Nyaya Sanhita, 2023.

Challenging this, the filmmakers argued that the Magistrate failed to follow the mandatory procedure under Section 223 of the BNSS. They submitted that no sworn statements of the complainant or witnesses were recorded before issuing summons, which is required by law. It was also argued that copies of the complaint and related documents were not supplied to the accused.

After examining the trial court records, the High Court found merit in the procedural objections and issued notice to the respondent. Until the matter is heard in detail, the Court has stayed further proceedings in the defamation case. The matter will be taken up next on March 23.