Has become a trend to add 124A (sedition) in complaints: Bombay High Court while granting interim protection to Kangana Ranaut, Rangoli Chandel

The Bombay High Court today granted interim protection to Kangana Ranaut and her sister Rangoli Chandel in the case filed by the Mumbai Police over allegedly hateful tweets.

The Bench of Justices SS Shinde and MS Karnik granted the protection after the sisters undertook, through their Advocate Rizwan Siddiquee, to appear before the Mumbai Police on January 8, 2021, in compliance with the summons issued to them.

In the course of the hearing, the Bench also orally observed that there is a trend of adding the offence of sedition under Section 124A, Indian Penal Code to complaints registered against those speaking against a Government.

The Court noted that adding such serious offences in the FIR restricted it from granting protection at ad-interim stages.

The Court observed that it has been granting protection in cases where there are offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

"Even in routine cases of 498A, when there is possibility of compromise, then we have granted protection," they added.

The Court proceeded to ask the Chief Public Prosecutor Deepak Thakre to explain to the Court the need to invoke Section 124A of the IPC.

"You must conduct workshop with the police officers to tell them what sections to invoke" the Court suggested to the PP.

When Advocate Rizwan Merchant, appearing for the original complainant Munnawarali Sayyed, opined that it is time the laws on sedition are laid down by the court, the Court replied on a lighter note that

"... nowadays whatever is against the ruling government is considered sedition."

The hearing also saw Merchant make request that a statement be given by Ranaut and Chandel that they will refrain from making any more "instigating comments" on their social media platforms.

Siddiquee replied, "what is instigating is subjective and if any statements are made, then the due process will follow."

The Court, however, asked Siddiquee to take instructions that the sisters will not publish anything on any of their social media handles pertaining to the matter that is subject in the present FIR.

"There is freedom of speech, no doubt, but that freedom is for the other citizens too" the Court said.

The Court recorded the statement given by Siddiquee that Kangana Ranaut and her sister will appear before the Mumbai Police on January 8, 2020 and that they will not make any statements pertaining to the subject matter of the FIR under challenge.

In the meantime, they will be protected from any coercive action in terms of the summons issued by the Mumbai Police, the Court has ordered.

The Court also recorded the formal objection by the Thakre and Merchant on the grant of ad-interim relief by the Court.

The plea filed by Ranaut and Chandel on Monday prays for quashing of the FIR registered by the police accusing them of sedition. The FIR was filed following an order of the Metropolitan Magistrate at Bandra directing the Bandra police to initiate an investigation into a complaint filed over allegedly hateful tweets by Ranaut.

After granting the interim relief, the hearing of the plea was adjourned to January 11, 2021 when it will be heard on merits.

[Read order]