The Bombay High Court on Tuesday granted “interim protection” to Bollywood actress Kangana Ranaut and her sister Rangoli Chandel in a case registered against them for alleged sedition, creating “hate” and “communal tension” and other charges, but directed them to appear before the Mumbai police on January 8 for questioning.
Hearing a petition filed by Ranaut and her sister seeking to quash the FIR filed against her by the Bandra police on the basis of an order passed by a Bandra court directing the police to investigate a complaint filed against them, a HC division bench of Justices S.S. Shinde and M.S. Karnik granted interim protection to the actress and her sister from the arrest.
“We are of the prima facie opinion that interim protection till the matter is heard at length deserves to be granted. The police shall not take any coercive action including arrest against the applicants (Ranaut and Chandel),” the HC bench noted.
However, the high court disapproved of the act of Kangana and her sister not to respond to the summons issued by the Bandra police for questioning. “Three summons were issued by the police and the same need to be honoured,” the Judges said.
Subsequently, Ranaut and Chandel’s advocate Rizwan Siddiquee then assured the court that Kangana and her sister would appear before the Bandra police in Mumbai on January 8 from 12 pm to 2 p.m. for recording of their statements. The high court accepted their statement.
Earlier, both Chief Public Prosecutor Deepak Thakre and the complainant’s lawyer Merchant opposed the grant of interim relief to Kangana and her sister by the high court in the matter.
Kangana and her sister approached the high court through their lawyer after the Bandra issued them third summons last week, asking them on November and 23 and 24 in connection with the investigations into an FIR registered against them for allegedly creating “hatred” and “communal tensions” between Hindus and Muslims.
In addition, Munawwarali Sahil A Sayyed – on whose complaint a case has been registered against Kangana and Rangoli—has also accused the two sisters of indulging in sedition (section 124 A of IPC).
In fresh summons issued to the two sisters on Wednesday last, the Bandra police asked Kangana to appear before them on November 23, while they summoned Rangoli to remain present at the police station for questioning on November 24.
This time around, the Bandra police also summoned Kangana’s aide Amruta Dutta for questioning in the same case on November 25.
The Bandra police had issued first summons to Kangana and her sister Rangoli on October 26 and 27. However, the two sisters had bought time from the police by saying that they would not be able to respond to the summons as they were busy with their brother’s wedding.
Subsequently, the Bandra police issued fresh summons to Kangana and Rangoli to appear before them on November 10 and 11. Apart from facing the charge creating “hatred” and “communal tensions” between Hindus and Muslims and “sedition”, the two sisters also face the allegation of attempting to trigger disaffection among the people against the Maharashtra government.
Complainant Sayyed’s was recorded by the Bandra police last month.
It may be recalled that on October 17, the Bandra police had registered FIR against Kangana and Rangoli after Metropolitan Magistrate Jaidev Ghule of Bandra 12th court ordered investigations under section 156(3) of CrPC into a complaint filed against Kangana and her sister Rangoli Chandel by Bollywood casting director and fitness trainer Munawwarali alias Sahil A. Sayyed.
Sayyed had among other things alleged that both Kangana and Rangoli had tried to create “hatred” and “communal tensions” between Hindus and Muslims and that Kangana had tried to lower the image of Maharashtra chief minister Uddhav Thackeray and created disaffection among the people against the Maharashtra government.
“Perused the complaint, heard the advocate of the complainant along with the documents filed on record. On prima facie perusal of complaint and submission I have found a cognizable offence has been committed by the accused,” Magistrate Ghule had noted, while directing the Bandra police to register an FIR against Kangana and her sister Rangoli.
“All allegations are based upon comment on electronic media that is twitter and interviews. The accused used social media like twitter and thorough investigation is necessary by the expert. All offences alleged and levelled against the accused are cognizable. Search and seizure is necessary in this case, in such circumstances I have found it to be proper to pass order under Section 156(3) of CrPC,” the Magistrate had ruled.
Among other things, the section 156(3) of CrPC read with section 190 empowers to Magistrate – upon receiving a complaint of facts and upon information received from any person other than a police officer, or upon his own knowledge that such an offence has been committed any magistrate empowered under 190 can order an investigation to into a complaint.
In his complaint filed before the metropolitan magistrate’s court under 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence; language etc, Sayeed charged that Kangana was “creating” divisions between Hindu and Muslim artists. He also alleged that Kangana was “maliciously bringing religion in almost all her tweets and went onto give examples like lynching of Hindu Sadhus at Palghar, calling the BMC as “Babur Sena” and claiming that she was the first person to make a movie on Chhatrapati Shivaji Mahajan and Rani Laxmibai of Jhansi.