The Delhi High Court on Friday refused to pass a temporary order stopping Galactic Television and Communications Pvt Ltd from re-broadcasting the live Gurbani feed from Sri Harmandir Sahib, Amritsar.

The order came in a copyright suit filed by the Shiromani Gurdwara Parbandhak Committee (SGPC).

Justice Anup Jairam Bhambhani found prima facie merit in the channels' submissions that the broadcast, which is not offered to viewers for payment, may not fall within the broadcast reproduction right relied upon by SGPC.

He also found merit in the submission that statutory exemptions relating to religious ceremonies may apply.

SGPC, which streams Gurbani live on its own YouTube channel, sued Galactic and two others. It alleged that they were carrying the broadcast on their own TV channel on a deferred-live basis without SGPC's licence.

Senior Advocate Chander M. Lall, appearing for SGPC, argued that this violated its broadcast reproduction rights under Section 37 of the Copyright Act, 1957. He described the broadcast reproduction right as an independent right separate from copyright in the underlying literary, musical, sound recording, or cinematograph works.

Lall argued that the live Gurbani broadcast was never reduced to a recording medium and therefore constituted a "pure broadcast reproduction right". He submitted that the exemptions under Section 52 could not be extended to the broadcast reproduction right.

On being asked by the court, Lall confirmed that SGPC does not currently license the broadcast to any party. This applies whether the licence is for payment or otherwise.

Senior Advocate P.S. Patwalia, appearing for the channels countered on the copyright issue on two principal grounds.

First, he relied on Section 37(3)(b) of the Copyright Act, which refers to causing a broadcast to be heard or seen by the public on payment of charges. He submitted that the defendants do not charge viewers for the broadcast and therefore the provision did not cover their transmission.

Second, Patwalia relied on Section 52(1)(ZA), which exempts the performance of a literary, dramatic or musical work, or communication to the public of such work or a sound recording, when done as part of a bona fide religious ceremony. He also relied on Section 52(1)(L).

Patwalia further drew the court's attention to previous pleadings and affidavits filed by SGPC in other proceedings. He submitted that SGPC had stated that its endeavour was to make Gurbani available on all platforms for the benefit of the maximum number of viewers worldwide.

The court, in its brief order, recorded that Patwalia had relied on Section 37(3)(b) read with Section 52(1)(ZA), as well as Section 52(1)(L).

"On a prima facie appreciation of the matter, this court would observe that the submission made on behalf of the defendants that...., there is merit, there is prima facie merit in the submissions made in the response given by the defendants."

"In view thereof, this court is not inclined to pass any ad interim order at this stage," the court ordered

The court issued notice in the suit and directed the defendants to file their reply within three weeks. SGPC will get two weeks thereafter to file its response.

The court also kept open the defendants' objection to the territorial jurisdiction of the Delhi High Court.

Patwalia submitted that SGPC and the defendants are based outside Delhi, while Lall pointed out that SGPC has a corporate office in Delhi.

The matter will next be heard on September 23.

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Case Title :  SHIROMANI GURDWARA PARBANDHAK COMMITTEE AND ANR V/S GALACTIC TELEVISION AND COMMUNICATIONS PVT LTD AND ORSCase Number :  CS(COMM) - 883/2026