Kangana failed to make out positive case for transfer of hearing: Mumbai court

Kangana sought the transfer of the defamation case against her, filed by lyricist Javed Akhtar, from the 10th court in Andheri to another court and submitted that she did not have faith in the magistrate

A proceeding cannot be transferred from one court to another merely on the basis of apprehension, a metropolitan magistrate court said in its detailed order by which actor Kangana Ranaut’s plea for transfer of the defamation case filed by lyricist Javed Akhtar against her was dismissed. The court said the actor “failed to make out a positive, concrete case to show that her apprehension was reasonable”.

Javed Akhtar has filed a defamation case against Kangana Ranaut last November, alleging that she had made defamatory and baseless comments about him in a television interview (HT File)

“If on the basis of false allegation, a matter is transferred, it will affect the morale of the presiding officer,” said additional chief metropolitan magistrate (ACMM) ST Dande in Thursday’s order that became available late on Friday evening. The court added that the Andheri magistrate acted judiciously and was not biased against Ranaut.

ACMM Dande observed that unless some positive, concrete case is made out showing that there was reasonable apprehension of not getting fair trial or fair justice from the court concerned, the proceeding cannot be transferred from one court to another on mere vague and general allegations.

Ranaut had sought the transfer of the case from the 10th court in Andheri to another court. The actor had submitted through her counsel, advocate Rizwan Siddiqui, that she did not have faith in the magistrate presiding over the 10th court, who was hearing the defamation case. She had alleged that the court was biased against her, as it kept on insisting for her physical appearance without any sufficient reason, that too in the case involving a bailable, non-cognisable and compoundable offence, and kept on threatening to issue an arrest warrant against her.

Akhtar has filed a defamation case against Ranaut last November, alleging that she had made defamatory and baseless comments about him in a television interview.

The ACMM noted that on December 19, the court had directed Juhu police to investigate the complaint and submit a report. On February 1 this year, the magistrate court had issued a process against Ranaut after the police filed a report. The order of issuance of process against the accused was upheld by the sessions court and the Bombay high court, and despite receipt of summons Ranaut had remained absent. Therefore, a bailable warrant was issued against her.

The magistrate added that even thereafter, the actor had remained absent on subsequent dates as well, but the magistrate court did not issue a non-bailable warrant against her in spite of Akhtar’s counsel, Jai Bharadwaj, applying for it on numerous occasions.

“It shows from the documents that the 10th court magistrate has given a fair opportunity to the accused to remain absent by granting all her exemption applications. He has not acted against the actress and neither had any bias towards her (sic),” said ACMM Dande.