While rejecting Kangana Ranaut’s application seeking transfer of Javed Akhtar’s defamation case from one magistrate to another, a city court has observed that unless a “positive, concrete case” is made out that the accused may not get a fair trial, the proceedings cannot be transferred on “mere vague and general allegations”.
Additional chief metropolitan magistrate ST Dande rejected Kangana’s application seeking transfer of case from Andheri metropolitan magistrate to any other magistrate on October 21. The detailed order copy was made available on Saturday.
Rejecting her applications, the court observed, “It is a settled position of law that the proceeding cannot be transferred from one court to another on mere apprehension… If on the basis of false allegation, matter is transferred, it will affect the morale of the presiding officer.”
Kangana had sought transfer of the defamation proceedings filed against her by Akhtar claiming that the magistrate before whom the proceedings were on, is biased against her and that she did not have faith in court.
Akhtar’s advocate opposed the application stating that the court had issued multiple summons to the actor and she never appeared on any date. Besides, the transfer application has been filed with the sole intention to delay the proceeding and to harass Akhtar, contended his advocate.
The court noted that on its query, the Andheri magistrate had filed his remark on October 14 and denied the allegations levelled against him.
Akhtar had filed a complaint before the Andheri magistrate against Kangana on November 3, 2020. After recording her statement, the following month, the magistrate had directed the police to investigate the matter.
On February 1, 2021 the Andheri magistrate initiated criminal proceedings against her. The proceedings were upheld by the sessions court and the HC. The court noted that despite repeated summons, she failed to appear before the Andheri magistrate.
Emphasising on the fairness of the proceedings, the court observed that the Andheri magistrate had rejected Akhtar’s request of issuing a non-bailable warrant against Kangana on more than one occasion.
