Thread by @barandbench

#BombayHighCourt today to hear the plea filed by #KanganaRanaut and her sister #rangolichandel to quash the FIR filed by Mumbai Police as per orders of a Mumbai Court to take cognizance of a complaint seeking action against allegedly hateful tweets.

@KanganaTeam
@MumbaiPolice

The plea filed Adv. Rizwan Siddiquee seeking interim stay on the summons issued by the Mumbai Police and restraint on the Police to take any coercive steps against the sisters will be heard by Bench of Justices SS Shinde and MS Karnik.

@RizwanSiddiquee

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Bench has assembled. Hearing begins.

Adv. Rizwan Merchant appearing for the complainant of the FIR sought to be quashed submits to the Court that the FIR copy annexed to the petition is incomplete.

Merchant adds that the petition and certain judgments on which the Petitioners would rely on were also served upon them late last night.

Hence he sought an adjournment.

Court however kept the matter at 3 pm today for Ranaut and Chandel’s lawyer to appear.

Hearing to continue at 3 pm today.

Hearing resumes.

Adv. Rizwan Siddique appearing for the sisters begins submitting to the court that the FIR is sought to be quashed on the grounds that the procedure under Section 154(3) of CrPC was not followed.

Merchant intervenes and points out that the FIR is incomplete, the statement in the FIR is not annexed in the petition. In case the FIR is to be quashed, the entire FIR has to be considered.

He adds that he was served at 12.40 am last night, he needs time to give suitable reply.

Court asks Chief PP Deepak Thakre about the status of the summons.

Siddiquee states that the objective is not to avoid the investigation process. The sisters are not in Maharashtra, they were attending a wedding hence they could not come, he added.

Court: When will she come to Maharashtra? Three summons are issued. Can the police always consider the convenience of your client?

Siddiquee seeks some time to check with Ranaut.

Siddiquee: They can come in the first weekend of January.

Court: Ok Mr. Merchant what is your submission?

Merchant: Milords have been gracious enough to notice that the verification has been done in Hyderabad.

Merchant: My copy does not have the signatures of the sisters, nor the lawyers.

Court: Signature is there, verification is there, there is no problem.

Merchant: My concern for pointing out this is where are they?

Court: They will come when we grant them protection.

Court: It has become a trend to add 124A IPC (sedition) in the complaint. What is the need? Are we treating our citizens like this?

We are granting protection in SC ST act cases.

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

Merchant tries to submit a case. Court intervenes: the facts of that case are difficult.

Merchant tries to clarify.

Court: Mr. Merchant let us speak. No one lets us speak. *smiles*

Court: What we propose is, we will grant you time. But we will grant protection so that they can come to Mumbai.

They can then appear before the police and complying with the procedure.

Merchant: My only submission is the wedding is over, ask them to come immediately.

Court: We will record your statement. When will they appear?

Siddiquee: Anytime after January 7?

Court: We have put you a question, is this how you answer. Confirm with your client.

Siddiquee: January 8 milord. I have told my client, that they will have to come.

Thakre tries to object to this.

Court (to Chief PP): Why was Section 124A invoked? You must conduct workshop with the police officers to tell them what sections to invoke.

Siddiquee: Milords I want to submit something on this.

Court: You first bring the FIR copy.

Court: Else we will ask Thakre to place it on record. Your arguments are not required at this stage. You give your statement.

Merchant: Just to add Milords, the Courts need to lay the law on sedition.

Court: Yes, but on a lighter vein, now a days whatever is against the ruling govt is sedition.

Putting 124A stops us from passing interim orders considering the seriousness of the offence.

Merchant: Hence milords, I have submissions to make on that issue.

Court: Yes, but before that let the petitioner record their statements with the police.

#BombayHighCourt grants interim protection to Kangana Ranaut and Rangoli Chandel after their lawyer Rizwan Siddiquee undertook to the Court that the sisters will appear before the Bandra Police station on January 8, 2021.

@KanganaTeam
@MumbaiPolice
@RizwanSiddiquee

Court also directs the PP to furnish a copy of the entire FIR to Siddiquee through email ID as also to Merchant.

Court records formal objection of PP and Merchant to grant of ad-interim protection on the ground that three summons were issued and Petitioners did not reply to that

Court: Investigation will continue. Notice issued.

Merchant asks the Court to also record a statement of Siddiquee that his client will not give out instigating tweets.

Siddiquee: If there is anything incriminating, then the due process of law will follow.

Siddiquee: How can I say what is incriminating?

Court: Siddiquee ask your client to refrain from saying anything in connection to this FIR.

There is freedom of speech no doubt, but that freedom is for other citizens too.

Siddiquee: Yes Milord, no statements will be made pertaining to the FIR.

Court: Take instructions.

Siddiquee: Milords can record my statement.

Court: And ask your client to appear on that date, protection has been granted to her.

Hearing ends.

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

@KanganaTeam #kangana #KanganaRanaut @RizwanSiddiquee #Sedition @MumbaiPolice

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