M. N. CHANDURKAR (C J)

This is an appeal against the order of S. Natarajan J. by which the appellant's petition for being joined as a party respondent in W.P. 9745 of 1984 has been rejected by the learned Judge. The original petitioner, the 3rd respondent, has filed a petition challenging the constitutional validity of the Copyright (Amendment) Act, 1984. The petitioner carries on the business of running a video library where it hires out to its members video cassettes on a fixed hire to enable the hirers to view these cassettes in the privacy of their homes through a video cassette player attached to a television unit.

2. The respondents in the petition are the Union of India and the Commissioner of Police. It appears that the Commissioner of Police has been joined as a party because the offences provided for in the Copyright Act have been made non-bailable and punishable with harsh and disproportionate penalties without the owner of the copyright complaining about any infringement.

3. The learned Judge heard the petition and has granted a stay of the provisions of Ss.4(2), 5, 7 and 9 of the Amending Act.

4. The appellant filed two petitions before the learned Judge, one f