The Delhi High Court has declined to issue an interim injunction against a private television channel for broadcasting or rebroadcasting the sacred Gurbani from the Golden Temple. The plea, brought by the Shiromani Gurdwara Parbandhak Committee (SGPC), sought to prevent Galactic Television and Communications from airing the Sikh hymns, alleging copyright infringement.
SGPC, the managing authority of the Golden Temple, along with PTC, a broadcasting channel, approached the court with claims that they have exclusive rights to the Gurbani broadcasts from the revered site. The committee argued that Galactic Television’s delayed broadcasts of the Gurbani violated their copyright.
Justice Anup Jairam Bhambhani, presiding over the case, provided a preliminary opinion. He noted that the Guru Granth Sahib, the central religious scripture in Sikhism, is a literary work. When its content is performed musically for genuine religious purposes, it may not constitute copyright infringement. “It is both a literary and musical work. If used in a bona fide religious ceremony, it is not considered infringement,” remarked Justice Bhambhani.
The court recognized Galactic Television’s argument that their broadcast might be exempt from copyright restrictions under Section 52(1)(z)(a) and Section 52(1)(l) of the Copyright Act. “Given these considerations, the court is not inclined to pass any interim order at this stage,” the Bench stated.
The court requested the defendants to respond to the interim injunction application with a scheduled hearing set for September 24. Senior Advocate Chander M Lall, representing SGPC, contended that Galactic Television’s actions do not qualify as fair dealing. Conversely, Senior Advocate PS Patwalia, representing Galactic Television, defended the broadcasts, asserting that there is no commercialization involved and that the Gurbani or kirtan emanating from the Golden Temple holds no copyright.
