MUMBAI: Bombay high court on Monday observing that it has "serious reservations" over invoking sedition penal section against actor Kangana Ranaut continued its interim protection till January 25 from any coercive action in the case over her tweets.
A division bench of justice S S Shinde and Manish Pitale was hearing sisters’ plea against the criminal case. They sought that it be quashed and the order of a magistrate directed police to register the FIR also be quashed and that pending final disposal of their petition the entire prosecution and investigation be stayed and no coercive steps be taken against them.
The HC had last November in an interim order granted protection to Ranaut and her sister Rangoli Chandel from any coercive action and arrest by Mumbai Police in an alleged sedition and hate speech case registered against them over their online posts.
The court also directed the Mumbai Police not to summon the sisters for questioning till next hearing.
Both sisters had appeared before Bandra Police on January 8 to record their statements following their assurance given to HC last November.
Ranaut’s advocate Rizwan Siddiquee, challenged an October 2020 Bandra magistrate’s order that had directed Mumbai Police to register a FIR against on a private complaint objecting to their posts on social media.
Siddiquee also challenged summons issued to them to appear before police in an ‘absolutely vague and baseless’ FIR filed against them.
Munawwar Ali Sayyed, a Bollywood casting director and fitness trainer had filed a complaint before the magistrate against the sisters.
Advocate Rizwan Merchant, who appeared for Munawar Ali sought time to file a reply to their petition.
The court gave time till January 25. "The Police shall not call the petitioners till that day," the bench said.”
On Monday, Public Prosecutor Deepak Thakare informed the bench that the sisters appeared before the police on January 8 from 1 pm to 3 pm.
"The interrogation is incomplete. The petitioners attended and she (Kangana) was there for two hours. She had professional shooting commitment. That is why she left." He added “We will call her again for interrogation. What is wrong in cooperating.”
Justice Shinde said, "Whenever anyone appears before the police, they have to complete the interrogation." She was there for two hours which should be enough, said the bench. “How many more hours” do the police require asked the bench. “How many hours do you need of their cooperation?” Thakare replied that the police would like to interrogate Ranaut for three more days.
Justice Shinde suggested to the police, "You can utilise this time for some other cases. Police have other matters to investigate too. Till that time do not call her (Ranaut) again."
Both Thakare and Merchant contended that despite her earlier assurance, the actor kept posting including the of her police station visit. Merchant said she even said she was “being tortured” and sought orders against her for her fresh posts now. He also said he wished to file an application for civil contempt of court against her for flouting an assurance to court.
In the last order the HC bench of then Justices S S Shinde and M S Karnik had after Merchant’s submissions that since the Court is seized with matter, the sisters be restrained from making any statement on social media in relation to the case had recorded and accepted Siddiquee’s statement on instructions that they would not make any comment on the social media.
The court has kept all issues and arguments in the matter open and will hear all parties after after two weeks. At the last hearing the HC orally, had observed, “It has become routine that IPC 124-A (sedition) is added in complaint. For what? Are we treating citizens of the country like this?” On Monday the HC said, “We anyway have serious reservations about invoking 124A of IPC.”