[Kangana Ranaut Transfer Petition] Transfer of case on false allegation will affect morale of judge: Mumbai Court

A Mumbai court while rejecting the transfer petition filed by Bollywood actress Kangana Ranaut in lyricist Javed Akhtar's defamation suit, observed that if matters are transferred on the basis of a false allegation, it will affect the morale of the concerned judge (Kangana Ranaut v. Javed Akhtar)..Ranaut had sought transfer of Akhtar's criminal complaint from the Andheri court currently hearing the case, to any other Magistrate."The applicant (Ranaut) has failed to make out positive, concrete case to show that her apprehension is reasonable. If on the basis of false allegation, matter transferred, it will affect the morale of presiding officer," the order passed by Additional Chief Metropolitan Magistrate (CMM) ST Dande said..In a 7-page reasoned order which was uploaded on the court website on Thursday, the CMM emphasised that the proceedings cannot be transferred from one court to another on the basis of mere apprehension. "Merely because the Court proceeds with the case by following the procedure of law, it does not mean that court is biased against the Applicant (Ranaut). Unless some positive, concrete case is made out showing that, there is reasonable apprehension of not getting fair trial or fair justice from the concerned court, the proceeding cannot be transferred from one court to another on mere vague and general allegations," judge Dande noted in the order..Ranaut was seeking transfer of the complaint which Akhtar had moved before the Andheri Magistrate against Ranaut's statements aired on Republic TV, which Akhtar alleged amounted to the offence of criminal defamation under Sections 499 and 500 of the Indian Penal Code.After Ranaut's repeated non-appearance, the Andheri Magistrate had warned Ranaut that if she fails to remain present for hearing on the next date, an arrest warrant will be issued against her.He had also granted Ranaut one last chance to appear, clarifying that a bailable warrant will be issued against her if she fails to appear..Subsequently, Ranaut approached the Additional CMM at Esplanade seeking transfer of the matter from Andheri Metropolitan Magistrate RR Khan, contending that Khan was biased against her.In an earlier hearing, judge Dande had called for remarks from the Andheri Magistrate. After receiving remarks, judge Dande pronounced the order on October 21; however reasoned order was awaited. .Judge Dande deduced from the record that the Andheri Magistrate never rejected any exemption application filed by Ranaut and as a matter of fact rejected several applications by Akhtar seeking non-bailable warrant against Ranaut. "It shows that the Magistrate has given fair opportunity to the accused to remain absent by granting all her exemption applications. He has not acted against Ranaut and neither had any bias towards her," the order stated. .The remarks received from Andheri Magistrate specifically denied the allegations regarding interaction with media persons. After perusing all the orders passed by the Magistrate, Judge Dande found that the orders were passed judiciously. Moreover, Ranaut had challenged the summons before the Sessions Court at Dindoshi which was dismissed; even Bombay High Court had dismissed Ranaut's plea challenging the defamation proceedings, Akhtar highlighted in his reply..Finding no grounds for transfer, the plea by Ranaut was rejected. .Advocate Rizwan Siddiquee appeared for Ranaut. Advocates Jay Bharadwaj and Bhavya Joneja appeared for Akhtar. .[Read Order]