Bollywood Actress Kangana Ranaut on Thursday moved the Bombay High Court seeking to quash a First Information Report (FIR) registered by the city police against her last month for her Instagram post likening the Sikh community to Khalistanis.
In her plea before the HC, Kangana -- who was booked by the Khar police on November 23 for allegedly hurting the religious sentiments of the Sikh Community for her “derogatory” Instagram post – urged the court to quash the FIR against her on the ground that no case had been made out against her section 295-A (deliberate and malicious acts intended to outrage religious feelings or any class insulting its religion or religious beliefs) of IPC or even otherwise.
Among other things, the actress told the high court that her post was against the acts of banned organization subsequent to the repeal of the farm laws and it was within her fundamental right of free speech under Article 19(1)(a) of the Constitution of India.
Seeking to quash the FIR on the grounds that the police officials miserably failed to apply its mind while registering it, Kangana stated that the case registered against her was ‘nothing but an act to maliciously prosecute her for exercising her fundamental right to freedom of speech’ and it would inadvertently create a “chilling effect” on her right to freedom of speech.
She told the court that the mens rea for committing an offence which was essential and of utmost importance, was absent in her case.
The high court is likely to hear the case sometime next week.
It may be recalled that the Khar police registered an FIR against 34-year-old Kangana under section 295-A of IPC on the basis of a joint complaint lodged by Manjinder Singh Sirsa, president of Delhi Sikh Gurdwara Management Committee (DSGMC), New Delhi, Amarjeet Singh Sandhu of Shri Gurusingh Sabha Gurudwara, Dadar, and Jaspalsingh Siddhu, president of supreme council of Navi Mumbai Gurudwaras.
In his complaint to the police, Sandhu had said on November 21 that Kangana had made derogatory remarks about Sikh community in her post on Instagram and that her post was intended to insult the religion and its followers.
After submitting the complaint, the DSGMC delegation -- led by Manjinder Singh Sirsa -- had met Maharashtra Home Minister Dilip Walse Patil and top officials of the Mumbai police, and demanded action against Kangana
In his complaint, Sirsa alleged that Kangana had intentionally and deliberately portrayed the farmers’ protest (Kisan Morcha) as a “Khalistani” movement and also dubbed the Sikh community as “Khalistani terrorists”.
Sirsa said that the actress had made references to the 1984 anti-Sikh riots and the then prime minister Indira Gandhi.
In the post, the actor has used very derogatory and insulting language against the Sikh community, Sirsa said in his complaint.
“This act on her part is most degrading, disrespectful and contemptuous, which has hurt the sentiments of the Sikh community settled all over the world,” Sirsa added.