Kangana-Javed case: Sessions court dismisses Kangana's applications alleging bias

The longwithstanding case involving Javed Akhtar and Kangana Ranaut has now just witnessed another development. A detailed order has rejected Ranaut's plea where she had requested a transfer of her on-going defamation complaint case with lyricist and writer Javed Akhtar. Ranaut's application had alleged that the Magistrate hearing the case wasn’t being fair, but the court order has found no material to conclude any such discrepancy from the Magistrate.

Akhtar's lawyer, Jay Bharadwaj opened up on it with ETimes as he said, “Ms. Ranaut has unsuccessfully challenged the procedure followed by the Magistrate on 7 different occasions.”

Bharadwaj also revealed, “Ms. Ranaut filed a Revision petition challenging the summoning order (passed by the 10th MM) before the Sessions court, Dindoshi. Thereafter, the entire proceedings were challenged by way of a quashing petition before the Hon’ble High Court.”

Ranaut's lawyers then filed Transfer Applications before the Chief Metropolitan Magistrate’s (CMM’s) Court under section 410 Code Of Criminal Procedure (Cr.P.C.) seeking transfer of the matter, pending before the 10th MM, to some other court. Bharadwaj further added, “A Revision Petition was filed challenging the CMM’s order after the CMM dismissed the Transfer Applications. And finally Ms. Ranaut filed Transfer Applications before the Dindoshi Sessions Court under section 408 Cr.P.C.”

In the detailed judgement shared, "The Hon’ble Court held and stated, “Moreover, mere allegation that there is apprehension that justice will not be done in the given case, alone does not suffice. In absence of any material demonstrating the apprehension that justice will not be done, without any bias, such application for transfer cannot be entertained. Therefore while assurances of fair trial needs to be respected, plea of transfer of case should not be entertained on mere apprehension.”

Bharadwaj informed that all these applications / Petitions have been dismissed by the respective Courts. He signed off adding, “The main matter is now listed before the Court of 10th MM on March 22.”