SRINAGAR: The High Court of Jammu Kashmir and Ladakh has stayed criminal defamation proceedings against the makers of the feature film Article 370, holding that the trial court failed to follow the mandatory procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, before issuing summons.
Justice Moksha Khajuria Kazmi passed the order while hearing a petition filed by filmmaker and producer Aditya Dhar and others challenging the complaint and the pre-cognisance summons issued by the Forest Magistrate, Srinagar, on December 30, 2025.
The defamation complaint was filed by Ghulam Mohammad Shah, who alleged that his photograph was used in the film without consent and that he was depicted as a terrorist, causing harm to his reputation.
Acting on the complaint, the trial court had issued pre-cognizance summons to the filmmakers for an offence punishable under Section 356 of the Bharatiya Nyaya Sanhita. The filmmakers subsequently moved the High Court under Section 528 of the BNSS seeking quashing of the complaint and the summons.
Senior Advocate Syed Faisal Qadri led the petitioners’ legal team, assisted by Advocates Farman Ali Magrey, Parag Khandhar, Ibrahim Alam, Chandrima Mitra and Sikander Hayat Khan. There was no appearance on behalf of the respondent at this stage.
Counsel for the filmmakers argued that the Magistrate had not complied with Section 223(1) of the BNSS, which mandates that before taking cognisance of an offence on a private complaint, the complainant and witnesses must be examined on oath, their statements reduced into writing, and the accused given an effective opportunity of being heard along with copies of relevant material.
It was contended that none of these statutory steps had been followed and that summons were issued mechanically.
After calling for and examining the trial court record, the High Court noted that there was no indication that sworn statements of the complainant or witnesses had been recorded before issuance of notice to the petitioners.
The Court observed that the prescribed procedure under the BNSS had not been adhered to and referred to judgments of the Allahabad and Karnataka High Courts emphasising strict compliance with Section 223 before taking cognisance in complaint cases.
Finding prima facie non-compliance, Justice Kazmi held that the summons could not be sustained at this stage.
“Subject to objections of other side and till next date of hearing before the Bench, the proceedings in the complaint filed by respondent shall stay,” the Court directed.
The High Court also issued notice to the respondent and sought his response to the filmmakers’ plea challenging the complaint and the trial court’s order.
The matter has been listed for further hearing on March 23. Until then, the criminal defamation proceedings will remain stayed.
