Guwahati: A Delhi court has ordered a stay on the release of Broken Wings, a Nepali-Hindi bilingual film on Gorkhaland agitation, which was slated to hit the screens on Friday (April 29).
The court restrained the release of the film made by Darjeeling-based debutant filmmaker Shenpenn Khymsar over the works of late Parikrama band member and musician Sonam Sherpa’s works allegedly being used in the movie without consent.
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While hearing a case filed by late musician Sonam Sherpa’s wife, Dina Ramliani Ralte, District Judge Sanjiv Jain has prima facie found a case of copyright infringement, Bar and Bench reported.
The court said the film can only be released if the late artiste’s works are deleted.
“Prima facie case exists in favour of the plaintiff. Balance of convenience also lies in favour of plaintiff as if the defendant number 1 is allowed to use the same by the time trial comes to an end, he would exploit the musical works to his full advantage to the detriment of the plaintiff,” the order reads.
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Dina Ramliani Ralte alleged that her husband’s works were used in the film by the defendant without consent or credit.
According to the judge, Sherpa’s musical works were used in the film without the authority or consent of the plaintiff.
The court decided to restrain the filmmaker from releasing the film if the two songs, Timro Mero and There She Goes, were not deleted till May 19, 2022.
Sherpa, who was born in the Himalayan foothills of Kalimpong, which was the epicentre of the Gorkhaland agitation, “purely and out of friendship” offered to be the music director of the film for absolutely no monetary or financial benefit, filmmaker Khymsar mentioned.
The film is based on true events, with the story set against the backdrop of the Gorkhaland movement in the Darjeeling Hills.
The story of the film is set from 1988 to 1992, against the backdrop of the Gorkhaland agitation.
The story revolves around a local boy falling in love with the daughter of a district magistrate.