Javed Akhtar v. Kangana Ranaut: Mumbai court rejects Ranaut plea for permanent exemption from attending hearings

The Andheri Metropolitan Magistrate Court on Tuesday rejected an application filed by Kangana Ranaut seeking permanent exemption from personal appearance in the defamation proceedings initiated on complaint of Javed Akhtar..Metropolitan Magistrate RR Khan gave the verdict on the ground that considering her earlier conduct which gave an assurance that she will never ever attend this Court for framing of particulars."Till date the accused has not appeared for framing of particular of offence through matter was specifically kept for her appearance for framing of particulars of offence. Per contra, the accused is dictating her own terms for the trial of this case in the manner she likes. Admittedly, the accused cannot claim permanent exemption as of right", the order emphasized..The application filed through Advocate Rizwan Siddiquee stated that Ranaut was preoccupied with her professional commitments making it difficult for her to attend the hearings. Her application emphasized that attending trial on regular basis will require her to travel miles from different work locations to Mumbai thereby causing undue hardships to her producers and herself. Thus, she will not be able to cater to her professional commitments, it was contended.Kangana also assured that her non-appearance will not come in the way of proceedings as she will appear through her advocate. .Advocate Jay Bhardwaj appearing for Akhtar opposed the application stating that the Magistrate had so far granted 13 exemptions to Ranaut. It was his contention that Kangana's presence would be necessary for framing of charges and recording of the plea..Agreeing with Bharadwaj's contentions, the court emphasized that Ranaut's co-operation was essential in the matter as opposed to the "built-up" in her head that her presence is not necessary."No doubt, being a celebrity, the accused has her professional assignments, but she cannot forget that she is an accused in the case", Judge Khan said.The Court also noted that till date all her exemption applications had been allowed without imposing any cost, and neither were any coercive orders passed despite her repeated absence and genuine agitations of the complainant."The accused has filed this application on her first appearance and thereafter she remained engaged in challenging the order of issuance of process. Furthermore she continued making allegations of bias against the Court" the order recorded.The Magistrate concluded that till date the accused did not appear with the intent to co-operate for trial of allegations against her."Keeping in view the earlier conduct of the accused as per record of the case, non-framing of particulars of the offence till date and strong agitation of complainant regarding wilful absence of accused are grounds which compel this court for non-exercise of judicial discretion in favour of accused atleast at this juncture." the Magistrate held..The legal tussle between Akhtar and Ranaut has been going on since November 2020, after the complaint filed by Akhtar against Ranaut for making allegedly defamatory statements against him in a Republic TV interview aired in July 2019Ranaut had made certain remarks against Akhtar on an interview aired on Republic TV triggering the complaint.Since then, there has been a cross complaint, revisions and applications filed by Ranaut in many criminal courts across Mumbai..Read a timeline of the legal battle here.