The Supreme Court on Friday asked music composer A.R. Rahman and the producers of Ponniyin Selvan II to consider formally crediting the Junior Dagar Brothers for their performance of “Shiva Stuti,” which forms the basis of the song “Veera Raja Veera.”
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the plea filed by Dhrupad vocalist Ustad Faiyaz Wasifuddin Dagar. He has challenged the Delhi High Court Division Bench order that vacated an earlier interim injunction against Rahman.
Court Suggests Additional Acknowledgment
The Bench noted that Rahman had already acknowledged that the composition belongs to the Dagarvani tradition. However, the judges suggested that Rahman could add a line stating that the piece was first performed by the petitioner’s predecessors.
Addressing Senior Advocate Dr. Abhishek Manu Singhvi, Justice Bagchi clarified that the dispute does not concern the originality of the tune. Instead, it relates to authorship and attribution. He observed that performer rights remain undisputed. Since Rahman already credited the Dagarvani tradition, the Court suggested including a specific reference to the Dagar lineage as first performers.
Chief Justice Kant emphasised the importance of classical gharanas in shaping Indian music. He questioned whether modern artists could have succeeded without their foundational contributions.
Justice Bagchi stated that the case is not a commercial rivalry. He said the petitioner seeks recognition and respect for a long-standing classical tradition.
Singhvi responded that he would take instructions from his client regarding the suggested acknowledgment. He clarified that any such statement would remain without prejudice to Rahman’s legal contentions.
Singhvi also pointed out that other artists performed the same composition earlier. These include Gundecha in 1991, Uday Bhawalkar in 2015, Nirmala De in 2017, and Kabeeri Kar in 2023. According to him, the petitioner did not object to those performances.
Justice Bagchi noted that he had listened to both the film song and the Gundecha rendition of the Dagar composition.
Allegations of Copyright and Moral Rights Infringement
Dagar alleges that “Veera Raja Veera” incorporates protected elements of “Shiva Stuti.” He attributes the Dhrupad composition to the late Junior Dagar Brothers—Ustad Faiyazuddin Dagar and Ustad Zahiruddin Dagar—who composed it in the 1970s under the Dagarvani tradition of Hindustani classical music.
He states that the composition was first publicly recorded on June 22, 1978, at the Royal Tropical Institute in Amsterdam. It was later released through commercial recordings.
After the composers’ demise, Dagar claims that copyright and moral rights devolved upon him through a family settlement.
He further alleges that two of his disciples later participated in recording “Veera Raja Veera” and shared the composition with Rahman without consent. According to him, the film song reproduces the core melodic structure, swara patterns, rhythm cycle, and emotional expression of “Shiva Stuti.” He contends that this amounts to infringement of copyright and moral rights.
Proceedings Before the Delhi High Court
Following the theatrical release of Ponniyin Selvan II on April 28, 2023, Dagar filed a commercial suit before the Delhi High Court in 2023. He sought injunctions, attribution, recognition of moral rights, damages, and other reliefs.
On April 25, 2025, a Single Judge granted partial interim relief. The Court directed correction of credits, ordered a ₹2 crore deposit as security, and imposed costs.
Rahman appealed the order before a Division Bench of the High Court. In September 2025, the appellate Bench set aside and modified portions of the interim directions. It removed the ₹2 crore deposit requirement and certain observations that resembled final findings. However, the Division Bench clarified that issues of originality, authorship, and infringement will be decided during trial.
Dissatisfied with the dilution of interim relief, Dagar approached the Supreme Court.
