Prominent Pashto singer Irfan Khan has filed damaging suit of Rs one million in the court of District and Session Judge Peshawar against a local cinema owner, producer and director of a Pashto movie for filming his famous song without his consent which was violation of the Copy Right Ordinance.
The petitioner had prayed before the court to direct the respondents not to picturise the song of Irfan Khan without his prior consent and permission. He had also prayed to direct the cinema owner not to further release the song in the CDs and cassettes and to pay him Rs one million as damages.
Earlier, the complainant had filed the damaging suit in the court of senior civil judge Ishanullah Mehsud but it was withdrawn when the petitioner's counsel Muzamil Khan filed an application with senior civil judge requesting the court for returning of his plaint under order 7 Rule-10 of PPC for lack of jurisdiction of the court and under the Copy Right Ordinance 1960 so that he could take up the matter in a competent court.
However, the court after examining the application issued orders of returning the plaint to the petitioner under the order 7 Rule-10 of PPC.
Irfan Khan, son of Qadar Khan and resident of Hayatabad, has sung a famous song "Pakhawar Kho Pakhawar dhay" (Peshawar is Peshawar) and was picturised on Arbaz Khan for a Pashto film "Pekhawarey Mardany" produced by the Evernew Studio Lahore.
Nadir Khan has produced the film while it has been directed by Naseem Khan and presently screened in Novelty Cinema Peshawar attracting a large number of spectators.
The petitioner has filed a damaging suit of one million against Nasim Khan, Nadir Khan and Haji Fayyaz, Manager of Novelty Cinema for picturising his supper hit song (Peshawar is Peshawar) on film-star Arbaz Khan without his consent and prior permission. The District and Session Judge after admitting the case, has fixed September 29 for first hearing.