Breaking | Bombay High Court Dismisses Plea By Kangana Ranaut Seeking Stay On Criminal Defamation Case Filed Against Her By Javed Akhtar

The Bombay High Court has dismissed a plea by actor Kangana Ranaut seeking a stay on the criminal defamation case filed against her by lyricist Javed Akhtar in 2020 and a further prayer for the case to be clubbed with the cross-complaint she subsequently filed against him.

Justice Prakash Naik passed the order and held that the proceedings could not be stayed or clubbed since Ranuat had never contended that the cases were cross-cases, and notwithstanding the same, Akhtar's complaint was filed first. It was held:

"At this stage the relief sought in the petition cannot be granted. Earlier it was never contended by the petitioner (Kangana) that both cases are cross cases." 

While the defamation case Akhtar filed against Ranaut is ongoing before the Magistrate in Andheri, Kangana's complaint against Akhtar was stayed by the Sessions Court.

In her writ petition, the Actor stated that both cases had their genesis in a meeting in 2016 therefore they should be tried together.

However, Akhtar strongly opposed Ranaut's petition calling it yet another attempt to delay the defamation case. He pointed out that Kangana had filed nine different legal challenges or petitions before various courts, all of which were dismissed. After these dismissals, she filed a counter-complaint containing false, fabricated, and invented allegations.

Background

On November 3, Javed Akhtar filed a complaint before the Magistrate alleging that Ranaut defamed and damaged his "immaculate reputation" by dragging his name into actor Sushant Singh Rajput's death in her interview with Republic TV Anchor Arnab Goswami, on July 19, 2020.

She is currently facing trial under Sections 499 and 500 of the Indian Penal Code in the case/

In 2021, Ranaut hit back by filing a counter-complaint against Akhtar in the same Mumbai court, alleging criminal intimidation and insult to modesty under Sections 506 and 509 of the IPC based on a 2016 incident. During the 2016 meeting, Kangana alleges that Akhtar criminally intimidated her demanding she apologize to a co-star.

The Mumbai court took cognizance of Ranaut's complaint and issued a summons to Akhtar. He challenged this order in Sessions Court, which stayed proceedings against Ranaut's complaint until the disposal of his revision petition.

Meanwhile, Akhtar's defamation case against the actress is still ongoing in the Mumbai magistrate court.

In her writ petition filed through Advocate Rizwan Siddiquee, Ranaut has argued that both cross-complaints arise from the same 2016 incident and must be tried simultaneously to avoid prejudice against her.

The actress has sought an urgent stay on Akhtar's defamation proceedings so that both cases can be heard together.

Akhtar's lawyer, Advocate Jay Bharadwaj argued that the petition is not maintainable in the absence of a basis for invoking the court's writ jurisdiction. He highlighted that there is no challenge to any judicial order but merely assumptions and presumptions.

Moreover, Akhtar's complaint was filed before Kangana's cross-complaint. So in accordance with Supreme Court guidelines, his client's case has to proceed first, he stated.

Finally, he stated that Kangana's entire case is on the assumption and probability of getting a favourable outcome in pending litigation, and this could not be a ground for invoking writ jurisdiction and seeking a stay on lower court proceedings.