[RSS - Taliban Remark] Javed Akhtar Challenges Summons, Says Magistrate "Jumped To Conclusions" In Hasty And Inappropriate Manner

In the criminal revision application filed under Sections 397 and 399 of the CrPC, Akhtar claimed that the mere expression of an opinion cannot amount to commission of an offence.

The original complaint was filed by the Advocate before the Magistrate’s court under Sections 499 and 500 of IPC and process was issued on 13 December 2022.

According to the revision application, the Advocate had failed to establish his locus. Moreover, the Magistrate’s order reflected a lack of application of judicial mind as the mandatory provision of section 202 of CrPC was ignored.

According to the section, the magistrate shall postpone the issuance of process in case the accused resides beyond the jurisdiction of the concerned Court. Akhtar said he resided in Juhu which was beyond the territorial jurisdiction of the Magistrate in Mulund.

His application states that the magistrate “jumped to conclusions in a hasty and inappropriate manner which resulted in a grave miscarriage of justice.”

“There are no allegations against the petitioner either specific or general but just the fact that he expressed his thoughts over something does not constitute an offence of defamation and it does not give any right to the complainant to file a complaint.”

Further the Advocate has not shown any authorisation letter from RSS empowering him to file a defamation complaint on behalf for them, the plea stated. It added that while the Advocate called himself an RSS supporter, the magistrate failed to record any reasons for issuing summons and only relied on the verification statement of the complainant and the witnesses. “Further there is nothing to show the Stellar reputation the respondent has.”

The case against the petitioner is ill motivated and targeted, the plea adds seeking to quash the summons.