The Supreme Court on Friday observed that merely because the Dagar tradition performed a composition first, it does not automatically establish authorship. At the same time, the Court emphasised that there must be “some acknowledgement” of the Dagarwani contribution in the disputed song Veera Raja Veera from Ponniyin Selvan II.
A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi noted that vocalist Faiyaz Wasifuddin Dagar had “made out a case” on the question of originality. However, it clarified that the issue of authorship would require closer scrutiny.
“First performance does not necessarily mean authorship,” the Court remarked, pointing out that Dagar’s claim was largely an inference drawn from prior rendition. The Bench added that independent evidence would be required to establish that the composition did not pre-exist within the Dhrupad tradition.
At the same time, the Court underlined the cultural debt owed to classical gharanas. Referring to the Dagarwani lineage, it observed that if such traditions had not enriched shastriya sangeet, “do you think these modern singers would have managed?” Justice Bagchi remarked that the Dagars were not operating in a “competitive domain” and added, “There should be some acknowledgement… They want respect and recognition.”
Senior Advocate Abhishek Manu Singhvi, appearing for composer A.R. Rahman, argued that similar renditions had been performed earlier without objection and that the work drew upon traditional material. He sought time to obtain instructions.
The Court adjourned the matter to February 20 and continued the High Court’s direction requiring Rahman to deposit ₹2 crore with the Registrar General, pending final adjudication.
The dispute arises from Dagar’s claim that Veera Raja Veera substantially reproduces Shiva Stuti, composed by his father, Nasir Faiyazuddin Dagar, and uncle, Zahiruddin Dagar. While a single judge of the Delhi High Court had earlier found a prima facie case of infringement, a Division Bench later set aside that interim order. The Supreme Court is now examining the competing claims of originality and authorship.