Synopsis: During the hearing, the Bench observed orally that there is a trend, to add the offence of sedition under Section 124A of the Indian Penal Code, to complaints filed against those who speak against the government.
In the case filed by the Mumbai Police over allegedly hateful tweets, the Bombay High Court granted interim protection to Kangana Ranaut and her sister Rangoli Chandel.
The protection was granted by the Bench of Justices SS Shinde and MS Karnik after the sisters, through their counsel Rizwan Siddiquee, undertook to appear before the Mumbai Police on 8 January 2021, in accordance with the summons given to them.
In the course of the hearing, the Bench observed orally that there is a trend, to add the offence of sedition under Section 124A of the Indian Penal Code, to complaints filed against those who speak against the government.
The Court noted that it was limited by the addition of certain serious offences to the FIR from granting protection at the ad-interim stage.
The Court noted that in cases where there are offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, protection has been provided.
The Court continued to ask Deepak Thakre, the Chief Public Prosecutor, to clarify to the Court the need to depend on Section 124A of the IPC.
As Advocate Rizwan Merchant, appearing for the original petitioner Munnawarali Sayyed, argued that it is time for the court to lay down the laws on sedition, the Court answered on a lighter note that sedition is now considering whatever is against the ruling government.
The hearing also saw Merchant requesting that Ranaut and Chandel should be refrain from making any more “instigating comments” on their social media platforms.
“Whati instigating is subjective,” Siddiquee replied, and mentioned that if any statements are made, then the due process will follow.
However, the Court asked Siddiquee to take orders that the sisters would not publish anything on any of their social media platforms that deals with the subject-matter in the current FIR.
The court said that there is without a doubt, freedom of expression, but that freedom is also for other people.
The Court considered Siddiquee’s statement that on January 8, 2021, Kangana Ranaut and her sister will appear before the Mumbai Police and that they will not make any comments relating to the subject-matter of the contested FIR.
In the meantime as directed by the Court, they will be shielded from any coercive action in respect of the summons issued by the Mumbai Police.
The Court also noted the formal opposition posed by Thakre and Merchant to the Court’s grant of ad-interim relief.
Ranaut and Chandel filed a plea on Monday, requesting that the FIR reported by the police accusing them of sedition should be quashed. Following an order from the Metropolitan Magistrate at Bandra ordering the police to launch an investigation into a complaint filed by Ranaut over allegedly hateful tweets, the FIR was filed.
The hearing of the plea, following the grant of the interim relief, was adjourned until 11 January 2021, when it will be heard on the merits.