Esplanade Court calls for response from Andheri Magistrate in Kangana Ranaut plea for transfer of Javed Akhtar defamation complaint

The Additional Chief Metropolitan Magistrate at Esplanade, Mumbai sought remarks from the Metropolitan Magistrate at Andheri in the transfer petition filed by Bollywood actress Kangana Ranaut seeking transfer of lyricist Javed Akhtar's criminal complaint to any other Magistrate on grounds of bias..Ranaut stated that the offence initiated against her was "bailable, non-cognizable and compoundable".Despite being aware of the same, Metropolitan Magistrate RR Khan on "every given opportunity" sought to "misuse his powers and cause injury" to Ranaut even before commencement of trial."That the Magistrate is intentionally causing prejudice to the rights and liberties of the Applicant (Ranaut) with a biased mind," the plea stated..According to Ranaut's plea the following acts showed bias against her on the part of the Magistrate:Absolute disobedience and disregard to guidelines issued by the Supreme Court and Bombay High Court by "forcing Ranaut to remain present on each date" by ignoring the aspect that Ranaut has been represented by her advocate on each date.Discretionary power bestowed upon him is not an arbitrary power but is to be exercised cautiously and judicially.Magistrate has intentionally caused injury to the mind and reputation of Ranaut by callously announcing in open court on two occasions before media personnel that "an arrest warrant will be issued if Ranaut does not remain present on the next hearing date"..Additional CMM ST Dande after hearing the submissions made by Ranaut briefly posted the matter for hearing on October 18, 2021. In the meantime, remarks were called for from the Andheri Magistrate. .Opposing the transfer plea, Akhtar stated the same was filed only to delay the proceedings before the Andheri Court.The contention in the transfer plea were raised for the first time after more than seven months had passed since Ranaut was first summoned, Akhtar stated in his reply filed through advocate Jay K Bharadwaj and Priya Arora. He further submitted that Ranaut had "unsuccessfully challenged" the procedural or legal aspects followed by the Andheri Court.Ranaut had challenged the summons before the Sessions Court at Dindoshi which was dismissed; even Bombay High Court had dismissed Ranaut's plea challenging the defamation proceedings, Akhtar highlighted in his reply.He underscored that none of the contentions raised in the transfer petition were raised before either the Sessions Court or High Court. .Ranaut had also approached the Supreme Court seeking transfer of four criminal cases pending against her in various Mumbai courts to Shimla in Himachal Pradesh. However, due to non-removal of defects, the petition became infructuous. Even in that petition, the contentions of bias had not been raised, Akhtar stated. .Owing to the delay tactics adopted by Ranaut on various dates and despite the issuance of process on February 1, 2021, Ranaut's plea could not be recorded till date owing to her wilful absence. Akhtar also informed the Court that Ranaut's plea seeking permanent exemption from appearance before the Andheri Magistrate was pending for hearing. .Akhtar had moved the Andheri Magistrate against Ranaut claiming that her statements aired on Republic TV amounted to the offence of criminal defamation under Sections 499 and 500 of the Indian Penal Code..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.