[Javed Akhtar Defamation Case] – Kangana Ranaut Approaches Sessions Court Against Process Issued By The Magistrate

In the revision application filed in the Sessions Court, Kangana has said the procedure under section 200 of the CrPC, which requires even witnesses to be examined on oath before the process is issued under section 204 of the CrPC, was not followed.

During the last hearing, Metropolitan Magistrate AA Khan issued a bailable warrant against Ranaut after Akhtar's lawyers pointed out her response to a LiveLaw tweet to say that she was aware of the summons issued by the court but still chose not to remain present or file an exemption application.

Akhtar has accused Ranaut of damaging his "immaculate reputation by falsely attributing statements to him," in her interview with Republic TV anchor Arnab Goswami, on July 19. His complaint filed through advocate Jai Bharadwaj is under sections 499 and 500 (defamation) of the Indian Penal Code.

In his complaint, Akhtar says he is a self-made man, who reached Mumbai on October 4, 1964, with Rs 27, two pairs of clothes and a few books. He was 19 then.

"The complainant is one of the most senior artists in the film industry with his successful career spanning over more than 55 years, which in itself is a rare achievement. Apart from this, he was also nominated as a member of Rajya Sabha during the period March 2010 to March 2016," the plea stated about Akhtar's reputation.

In an interview that lasts 57-minutes, Akhtar claims that Ranaut is seen giving her opinion on the circumstances surrounding Rajput's death without any direct personal knowledge. His plea further stated that the defamatory statements were made against him during this interview.

After receiving Akhtar's complaint, the Court recorded his statement on oath in December, last year, and directed the Juhu Police to conduct an inquiry u/s 202 of the CrPC. On receipt of the report, the court noted that a prima facie case was made out and issued a process against Ranaut. She was also summoned to appear on March 1.

Kangana's revision application filed through advocate Rizwan Siddiquee will be heard on March 15, 2021.

"Yes it's true that we have challenged the process issued by the Learned Magistrate Andheri Court. The said Complaint is now pending revision before the Sessions Court.

It is our claim before the Sessions Court that mandatory compliance of Section 200 was not followed in the matter and the four witnesses named by Mr. Javed Akhtar in his complaint have not been examination on oath," Ranaut's lawyer Rizwan Siddiquee said