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J&K HC stays proceedings in Aditya Dhar's criminal defamation case
07 Feb 2026

The Jammu and Kashmir and Ladakh High Court has stayed proceedings in a criminal defamation case against filmmaker Aditya Dhar and others over their film Article 370.

The complaint was filed by Ghulam Mohammad Shah, who alleged that the movie used his photograph without permission, portraying him as a terrorist and damaging his reputation.

Dhar had produced Article 370, starring his wife and actor, Yami Gautam Dhar.

Key procedures have been overlooked in the case
Procedural oversight

On December 30, 2025, Dhar was summoned to appear in court.

The HC noted that key legal procedures had been overlooked, and Shah's statements were not recorded under oath, as required.

Citing this procedural lapse, the judge stayed all proceedings.

The Karnataka HC had explained in a previous ruling that a case can only proceed after sworn statements are recorded and the accused are given a chance to respond.

What was the complaint all about?
Complaint details

Shah had alleged that Dhar and others used his photograph in Article 370, portraying him as a terrorist in the film's narrative.

In response to these allegations, the magistrate had issued a pre-cognizance summons under Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023, pertaining to defamation.

The filmmakers sought relief from this order at the HC.

Senior advocate Qadri argued on behalf of filmmakers
Legal obligation

Senior advocate Syed Faisal Qadri, representing Dhar and others, argued that the magistrate had to examine the complainant and witnesses under oath.

He further argued that this examination's substance must be written down and signed by the complainant, witnesses, and the magistrate.

The court agreed with this argument and stayed proceedings in Shah's complaint against Dhar.

The next hearing is scheduled for March 23.