*Calls for trial court record
Excelsior Correspondent
JAMMU, Feb 6: The High Court of Jammu & Kashmir and Ladakh has stayed further proceedings in a criminal defamation complaint filed against the makers of the film Article 370, after observing prima facie procedural irregularities in the issuance of pre-cognizance summons by a Magistrate.
The order was passed by Justice Moksha Khajuria Kazmi while hearing a petition filed by Aditya Dhar, Lokesh Dhar, Aditya Suhas Jambhale and B62 Studios, challenging the criminal complaint lodged by Ghulam Mohammad Shah before the Chief Judicial Magistrate, Srinagar.
The complaint alleged criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita (BNS), claiming that Shah’s photograph was used in a scene of the film without consent, thereby harming his reputation.
According to the petitioners, the trial court had issued summons on December 30, 2025 under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directing them to appear on February 7, 2026. The petitioners challenged both the complaint and the summons by filing a petition under Section 528 of BNSS before the High Court.
During the hearing, counsel for the petitioners argued that the Magistrate was legally bound to first examine the complainant and witnesses on oath before issuing any pre-cognizance notice. They contended that such examination, along with written and signed records of statements, is a mandatory procedural safeguard under law and has been reinforced by multiple High Court judgments across the country.
After hearing the arguments, the High Court called for the records and proceedings from the court of the Forest Magistrate, Srinagar. Upon preliminary scrutiny, the High Court observed that the trial court had not proceeded in accordance with legal requirements. The High Court noted that although pre-cognizance notice had been issued on December 30, 2025 directing the petitioners to appear on February 7, there was nothing on record to indicate that statements of the complainant or witnesses had been recorded prior to issuing summons.
Taking note of these prima facie deficiencies, the High Court issued notice to the respondent and stayed further proceedings in the criminal complaint pending before the Magistrate till the next date of hearing. The matter has now been listed for further consideration on March 23, 2026.
The petitioners were represented by Senior Counsel Syed Faisal Qadri as external counsel. The DSK Legal team appearing in the matter included Advocate Farman Ali Magrey, Parag Khandhar, Ibrahim Alam, Chandrima Mitra and Diva Chanchani.
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