High Court
Delhi HC refuses to halt private channel’s Gurbani broadcast from Golden Temple
Court says religious broadcasts may qualify for copyright exemptions under the law
NEW DELHI: The Delhi High Court has declined to stop a private television channel from broadcasting Gurbani from the Golden Temple, refusing to grant interim relief to the Shiromani Gurdwara Parbandhak Committee (SGPC) in its copyright dispute with Galactic Television and Communications.
A bench led by Justice Anup Jairam Bhambhani on Friday said it was not inclined to pass an ad interim order at this stage. The court directed the defendants to file their replies to the interim injunction application and listed the matter for September 24.
SGPC, along with PTC, had approached the court alleging that Galactic Television was infringing its copyright by broadcasting and rebroadcasting Gurbani from Sri Harmandir Sahib, commonly known as the Golden Temple.
SGPC, which manages the Golden Temple, argued that it holds copyright over the broadcast of Gurbani from the shrine. According to the committee, Galactic Television was rebroadcasting the content with a 10-second delay, thereby violating its rights.
The Gurbani from the Golden Temple is currently broadcast on SGPC’s YouTube channel and PTC.
During the hearing, Justice Bhambhani made a prima facie observation that the Guru Granth Sahib could qualify as a literary work, while the recitation of Gurbani could also involve a musical performance. The court indicated that its use in a genuine religious ceremony, without commercialisation, could potentially fall outside copyright infringement.
The court also agreed with Galactic Television’s submission that its broadcast may be covered by exemptions under Sections 52(1)(z)(a) and 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.
Senior advocate Chander M Lall, appearing for SGPC, argued that Galactic Television’s actions did not qualify as fair dealing.
Senior advocate P.S. Patwalia, representing Galactic Television, countered that the channel was not commercialising the broadcast and argued that there was no copyright in the Gurbani or kirtan being streamed from the Golden Temple.
The court’s observations are at the interim stage and do not finally determine the copyright dispute. The matter will return before the court on September 24, when the parties’ arguments on the injunction application are expected to be considered further.
