Can't Transfer Cases Based on False Allegations, Will Affect Judge's Morale: Mumbai Court In Order Refusing Kangana Ranaut Relief in Javed Akhtar's Defamation Case- Read Order
Merely because a judge proceeds with a case by following the law, doesn't mean he is biased against the accused, the in-charge Chief Metropolitan Magistrates court at Mumbai observed while rejecting actor Kangana Ranaut's plea to transfer the defamation case filed by Javed Akhtar out of the 10th Andheri court. Ranaut had approached the CMM court alleging that the Magistrate in...
Merely because a judge proceeds with a case by following the law, doesn't mean he is biased against the accused, the in-charge Chief Metropolitan Magistrates court at Mumbai observed while rejecting actor Kangana Ranaut's plea to transfer the defamation case filed by Javed Akhtar out of the 10th Andheri court.
Ranaut had approached the CMM court alleging that the Magistrate in Andheri had intentionally hurt her reputation by announcing in open court that he would issue an arrest warrant if she didn't turn up in court to record her plea.
Addl CMM ST Dande observed that Magistrate RR Khan had acted judiciously and in fact allowed all of Ranaut's exemption applications, repeatedly rejecting Akhtar's pleas for issuance of a non-bailable warrant when she failed to appear.
"If on the basis of false allegation, the matter is transferred, it will affect the morale of Presiding Officer," the court said.
It further noted that the Magistrate's order issuing process and summoning Kangana to appear on March 1, was upheld by the revisional court as well as the Bombay High Court.
Court proceedings cannot be transferred on vague and general allegations and a concrete case of reasonable apprehension of an unfair trial is necessary to transfer any case, the court held.
"Merely because the court proceeds with the case by following the procedure of law, it does not mean that court is biased against the Applicant/Accused. Unless some positive, concrete case is made out showing that, there is a reasonable apprehension of not getting fair trial or fair justice from the concerned court, the proceeding cannot be transferred from one court to another on mere vague and general allegations."
The court relied on the Supreme Court judgement in Usmangani Adambhai Vahora and Captain Amarinder Singh reported in 2016 (3) SCC 370's in which the court held that a transfer can be ordered only after the court's finding of a reasonable apprehension that justice will not be done.
"The Applicant (Kangana) has failed to make out a positive, concrete case to show that her apprehension is reasonable," the court observed.
The Addl CMM said that the Magistrate's response was sought, and he has categorically denied all allegations against him.
Timeline:
On November 3 Javed Akhtar filed the complaint before the Magistrate alleging that Ranaut defamed and damaged his "immaculate reputation" by dragging his name in actor Sushant Singh Rajput's death in her interview with Republic TV Anchor Arnab Goswami, on July 19, 2020.
Akhtar's verification statement was completed the following month and subsequently directed the Juhu police to investigate under section 202 of the CrPC. After a police report, the Metropolitan Magistrate issued process against Ranaut.
The court noted that despite receipt of summons, Ranaut remained absent without applying for exemption the court issued a bailable warrant and cancelled it after she appeared.
The court said that Metropolitan Magistrate, 10th Court, Andheri, Mumbai, had given Kangana a fair opportunity after she remained absent.
Appearances :
Jay Bharadwaj for Javed Akhtar
Rizwan Siddiquee for Rananut.
Click Here To Read/Download The Order