Defamtion case: Kangana Ranaut trying to delay proceeding, Javed Akhtar tells Bombay HC

The Bombay high court (HC) while hearing the response of lyricist Javed Akhtar on Monday to the petition filed by actor Kangana Ranaut, wherein she has challenged the proceedings initiated by the magistrate in a defamation suit filed by Akhtar against her, was informed that the action of the magistrate was valid

The Bombay high court (HC) while hearing the response of lyricist Javed Akhtar on Monday to the petition filed by actor Kangana Ranaut, wherein she has challenged the proceedings initiated by the magistrate in a defamation suit filed by Akhtar against her, was informed that the action of the magistrate was valid. Ranaut in her petition has contended that the magistrate could not have asked the police to investigate Akhtar’s allegation in the suit. HC will further hear Ranaut’s petition on August 18.

Kangana Ranaut. (HT Photo)

The single-judge bench of justice Revati Mohite-Dere, which is hearing Ranauts petition seeking to quash the complaint by Akhtar and proceedings initiated by the police against her in regards to the complaint, was informed by advocate Jay Bharadwaj for Akhtar that an affidavit in reply to the petition was filed.

Akhtar had filed a complaint last year after Ranaut had allegedly made defamatory statements on national and international television against him and termed him to be part of a suicide gang. Akhtar had stated in his complaint that the statements by Ranaut had tarnished his image built over 50 years of being in the film industry.

Based on the complaint the Andheri magistrate court had begun proceedings against Ranaut in February and had issued a bailable warrant in March, the actor appeared before the magistrate and applied for bail, which was granted.

The petition filed by Ranaut in HC last month challenges the entire proceeding initiated by the magistrate, including all orders and summons issued to date. It said that the magistrate, instead of simply directing the Juhu police under section 202 of the Criminal Procedure Code (CrPC), to conduct an inquiry, was duty-bound to examine Akhtar and the witnesses named in the complaint as per CrPC.

“The magistrate failed to appreciate that he was duty-bound to protect the rights and the interests of the proposed accused while hearing any complaint at the stage of inquiry and also at the time of taking cognisance of the complaint,” the petition of Ranaut states. The petition has further said that if such proceedings are allowed, other magistrates will follow it as a precedent and will affect the rights and liberties of other accused. The petition sought a declaration that the statement collected by the police following the magistrate directions was illegal and also sought a stay on the magistrate court proceedings till HC decided her petition.

The response by Akhtar has stated that Ranaut’s contentions are baseless and unfounded has also stated that the magistrate followed due process of law before initiating proceedings against Ranaut.

Akhtar in his affidavit has stated that the magistrate had initiated proceedings after considering the contentious footage of the interview dated July 19, 2020, and the statement of witnesses. The affidavit further states that perusal of record will prove that due process of law has been followed by the magistrate and there is no infirmity in his orders.

The affidavit concludes that the petition by Ranaut was intended to delay the proceedings as she had not appeared before the magistrate on the last five hearings and her petition should be dismissed with exemplary costs. The bench has posted hearing of Ranaut’s petition on August 18.