MUMBAI COURT DISMISSED KANGANA'S APPLICATION SEEKING TRANSFER OF THE CRIMINAL COMPLAINT FILED BY JAVED AKHTAR

The Additional Chief Metropolitan Magistrate (CMM) at Esplanade, Mumbai, dismissed an application filed by Kangana Ranaut seeking transfer of the criminal complaint filed by lyricist Javed Akhtar from the Andheri court to any other Magistrate.

Akhtar moved to the Andheri Magistrate against Kangana's statements on Republic TV, which Akhtar alleged amounted to the offense of criminal defamation under Sections 499 and 500 of the Indian Penal Code. After Ranaut's repeated non-appearance, the Andheri court warned Ranaut that if she failed to present herself before the Court on the next hearing, an arrest warrant will be issued against her. Thereafter, another warning was issued to Ranaut that a bailable warrant would be issued if she failed to appear.

Recently, Ranaut approached the Additional CMM at Esplanade seeking transfer of the same case, contending that Andheri Metropolitan Magistrate RR Khan was biased against her. Advocate Rizwan Siddiquee appearing for Ranaut said that the offense initiated against Ranaut was "bailable, non-cognizable and compoundable." Andheri Metropolitan Magistrate RR Khan  "every given opportunity" tried to "abuse his powers and cause injury" to Ranaut even before the commencement of trial.

Advocate Siddiquee further argued that such cases do not require the accused to appear in person; his/her lawyer can appear to present the accused. It is unnecessary to seek Ranaut's Presence. Moreover, the threat of issuing "non-bailable warrants" was unfair to Kangana.

Advocates Jay Bharadwaj and Bhavya Joneja appearing for Akhtar stated that the Andheri Court had granted Kangana six opportunities to appear when her lawyers sought exemption on poor grounds. The Court only mentioned that a warrant would be issued; it was not specified whether it would be bailable or not.

The Court, after hearing the rival contentions, dismissed the plea.

Author: Papiha Ghoshal