Kangana Ranaut v. Javed Akhtar: Ranaut moves Mumbai Sessions Court against transfer petition dismissal

Bollywood actress Kangana Ranaut has moved the Mumbai Sessions Court against a Magistrate court order dismissing her plea for transfer of of lyricist Javed Akhtar's criminal complaint against her, from the court at Andheri currently hearing the case, to any other Magistrate..Akhtar had moved the Andheri Magistrate against Ranaut's statements which aired on Republic TV, which Akhtar alleged amounted to the offence of criminal defamation under Sections 499 and 500 of the Indian Penal Code.Ranaut had then filed a plea Additional Chief Metropolitan Magistrate (CMM) at Esplanade, Mumbai to the transfer Akhtar's complaint from Andheri court. The same came to be rejected by Esplanade CMM against which Ranaut has moved Sessions Court.The plea filed by Ranaut said that the CMM failed to appreciate that the Andheri Magistrate grossly misused his power to intentionally cause injury to her."The Magistrate was intentionally causing prejudice to the rights and liberties of Ranaut with a biased mind, by interalia indulging in the acts of threatening to issue an arrest warrant against Ranaut to secure her presence before him for a 'bailable' and 'non-congnisable' offence,” the plea stated..She further submitted that the order by the Esplanade CMM was “grossly erroneous as it has failed to consider the fact that the Magistrate has exercised its discretion arbitrarily and without application of trained judicial mind; which has resulted in the failure of justice."She added that the Andheri Magistrate has caused injury to Ranaut which further harmed her image and reputation by callously announcing in an open court before media personnel that "if the applicant is not present for hearing on the next date, an arrest warrant will be issued against her".After Ranaut's repeated non-appearance, the Andheri Magistrate had warned Ranaut that if she fails to remain present for hearing on the next date, an arrest warrant will be issued against her.He had also granted Ranaut one last chance to appear, clarifying that a bailable warrant will be issued against her if she fails to appear..The present plea stated that had the Magistrate been inclined to issue a warrant then he should have issued the warrant by passing a proper order recording his reasons for doing so.Therefore, such unwarranted loose remarks in an open court in a "bailable, non-cognizable, compoundable and summons triable matter" prima facie indicated the prejudice of the Magistrate and his visible bias.“The CMM overlooked this visible bias and compelled Ranaut to appear before the same Magistrate again,” her plea said..The plea also pointed out that the Esplanade CMM ST Dande had called for remarks from the Andheri Magistrate on Ranaut's plea. The same was received but the CMM never placed it on record on the ground that it was confidential.Ranaut contended in her present plea that such remarks do not come under the ambit of confidential information or privileged information since the same not only affect the legitimate rights of Ranaut but also the manner of adjudication of the case.“It is the fundamental right of Ranaut to know the reasons and justifications given by the Andheri Magistrate in defence of the callous and uncalled for statement made by him in an open court in the presence of the media personnel," she submitted.

Kangana Ranaut v. Javed Akhtar: Ranaut moves Mumbai Sessions Court against transfer petition dismissal

Neha Joshi

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