Bollywood actress Kangana Ranaut has moved the Bombay HC in the Javed Akhtar defamation case that has been active since last year. The actress is continuing to challenge the criminal defamation proceedings that lyrics and screenplay writer Javed Akhtar filed against her.
Ranaut is seeking that the High Court quash all entire ordeal of the proceedings that have been made so far against her based-on Akhtar’s complaint.
Outspoken Bollywood actress Kangana Ranaut has moved the Bombay High Court and is now seeking “quashing of the entire proceedings initiated by 10th Metropolitan Magistrate’s Court at Andheri”. The proceedings were based on the complaint made by Bollywood lyrics and screenplay writer Javed Akhtar.
Case registered “without any application of Judicial mind”
Javed Akhtar had filed a defamation case against Kangana Ranaut under the Section 499 (Defamation) and Section 500 (Punishment for defamation) last year. According to reports, Kangana’s claims states that the case that was registered by the Magistrate-
“without any application of judicial mind, as he has failed to examine witnesses named in the complaint on oath”.
Further, the magistrate also-
“sought to rely on the same witnesses-statements which were collected by the police under signatures which is in violation of the Code of Criminal Procedure Section 162.”
What does it all mean?
All this in a nutshell means that the plea is challenging the proceedings done so far by the magistrate including all the orders passed and the summons called. The plea states that the police’s duty was to examine Akhtar and other witnesses that are named in the complaint.
Further, the plea also states-
“The magistrate failed to appreciate that he was duty bound to protect rights and interest of the proposed accused, while hearing any complaint at the stage of inquiry and also at the time of taking cognizance of the complaint.”
As per the plea, the magistrate involved in the matter used police machinery to “illegally” get the statements by the witnesses by the inquiry conducted by the police officer. The plea states that this act was something that was “unheard of”.
“If allowed, practice will set bad precedent”: Ranaut’s Advocate Siddiquee
Ranaut’s advocate, Rizwan Siddiquee said that if such a practice is allowed, the move will set a negative example among the other magistrates and will also have an effect on the accused’s rights and liberties.
Why did Javed Akhtar File Case Against Kangana Ranaut?
Earlier this year, a magistrate court had summoned Kangana after Akhtar had filed a complaint against her alleging that the former said defamatory statements against him on national television. Akhtar’s in his recorded statement said that Ranaut made defamatory statement against him-
“in what appears to be a clear campaign to malign and tarnish the reputation in the eyes of the general public”.
Akhter claimed how on July 19, 2020, Ranaut alleged statements against him and also gave opinion on the alleged suicide of late actor Sushant Singh Rajput “without appearing to have any direct personal knowledge of the circumstances around his death”.
What happened after Akhtar Filed Defamation Case?
After the allegations, the Magistrate court directed to conduct an inquiry and had later submitted a report in the court. After the court heard Akhtar’s arguments, it issued proceedings against Kangana for offences under IPC’s Sections 499 and 500.
Reportedly, the Andheri Court had considered Akhtar’s statement and the statements that emerged from the TV interview in question as the basis of summoning Ranaut.