Won’t take coercive action against Kangana Ranaut: Mumbai Police to Bombay High Court

The Mumbai Police told the Bombay High Court on Monday that it will not take any coercive action against Bollywood actress Kangana Ranaut as long as she cooperates in the investigation into the case registered against her for putting objectionable posts on social media app Instagram, allegedly likening the Sikh community to Khalistanis..The statement was made before a Bench of Justices Nitin Jamdar and SV Kotwal in a plea filed by Ranaut seeking quashing of the FIR..In the plea filed through advocate Rizwan Siddiquee, Rananut stated there was absolutely no case made out against her under Section 295A (deliberate and malicious acts intended to outrage religious feelings of any class) or even otherwise.She stated that the complainants took objection to her post of November 21 which according to them was insulting and improper.However, the post was against the acts of a banned organization subsequent to the repeal of the farm laws, and it was within her fundamental right of free speech under Article 19(1)(a) of the Constitution, it was submitted..Public Prosecutor Aruna Pai stated that the there was no question of arrest as she had been served with a notice under Section 41A of the Code of Criminal Procedure for recording of statement.The Bench stated that the case contained an angle of right to freedom of speech.“You either make a statement to not take coercive action or we will pass appropriate order,” the Bench said. Pai agreed to make a statement with a condition that Ranaut cooperates with the investigation..The Bench recorded the statement made on behalf of the Mumbai Police. It also recorded the statement on behalf of Ranaut’s counsel that she will appear before the Mumbai Police on December 22, 2021..Ranaut was booked by the Mumbai Police under Section 295A of the Indian Penal Code. The FIR was registered based on the complaint filed by Mumbai lawyer Amarjitsingh Kulwantsingh Sandhu, Manjinder Singh Sirsa and Jaspal Singh Siddhu, who were part of committees of various Gurudwaras in Mumbai and Delhi..Ranaut has sought quashing of the FIR on the grounds that the FIR was “nothing but an act to maliciously prosecute Ranaut for exercising her fundamental right to freedom of speech” and will inadvertently create a “chilling effect” on her right to freedom of speech.She has contended that the mens rea (criminal intent) for committing the said offence which is essential and utmost importance, was absent in the present case..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.