Property Law Case: Ram Pratap Khadka vs. Kathmandu Metropolitan Police, Hanumandhoka, NKP 2072 B.S, D.N. 9435
Case: Writ of Mandamus
Plaintiff: Nepal Movies Pvt. Ltd. (represented by Ram Pratap Khadka)
Defendant: Metropolitan Police Circle, Hanuman Dhoka, Kathmandu
(also includes Metropolitan Police Commissioner’s Office and District Administration Office, Babarmahal)
Decision no: 9435
This case is related to copyright infringement and cybercrime.
Facts of the case:
Nepal Movies Pvt. Ltd. produced a Nepali film named “Kohinoor” after obtaining legal permission and completing all required formalities, including censor approval and official certification. The movie was first publicly released in 2014 and was distributed through authorized distributors with strict conditions, including the use of watermark-protected copies and an agreement that all physical copies would be destroyed after use. Despite these protections, the movie was illegally uploaded on YouTube and other websites without permission. The uploaded copies had altered or unclear watermarks and were freely available for streaming and downloading. The petitioner claimed that this caused serious financial loss and violated copyright and cyber laws. The petitioner filed a complaint before the police requesting investigation and removal of the illegal content. However, the police did not formally register the complaint, stating that the content was hosted on foreign platforms and required international legal cooperation for investigation.
Since no effective action was taken, the petitioner approached the Supreme Court seeking a writ of mandamus to compel the police to register the complaint and investigate the illegal uploading of the film.
Legal Issue:
- Whether the police authorities were legally justified in refusing to register and investigate the complaint regarding the unauthorized online uploading of the movie.
- Whether such refusal violated the petitioner’s legal rights under copyright and cyber laws.
Different Courts Decision:
Supreme Court Decision:
The Supreme Court held that unauthorized uploading of the film Kohinoor on websites and YouTube could amount to offences under the Electronic Transactions Act and Copyright Act. The Court ruled that the police were legally obligated to register the complaint and conduct a proper investigation. Technical difficulties or the involvement of foreign companies could not be used as a reason to avoid investigation.
The Court therefore issued a writ of mandamus directing the authorities to register the complaint, investigate the offence, identify the responsible persons, and take necessary steps to stop the illegal online distribution of the film.
Principle Established:
- Cybercrime and copyright infringement are government prosecutable offenses, and police must register complaints and investigate them.
- The fact that content is hosted on foreign servers does not justify refusing to register a complaint.
- International procedures may be required for evidence collection, but initial investigation cannot be stopped.
- Authorities have a legal duty to protect intellectual property rights.
- Failure to act on such complaints may violate the fundamental right to equal legal protection.
