BREAKING: Karnataka High Court Quashes Magistrate's Order Directing FIR Against Kangana Ranaut For Tweet On Farmers Protest

The Karnataka High Court on Thursday set aside an order passed by a Magistrate in the state, asking the police to register an FIR against Hindi film actor Kangana Ranaut over a tweet posted by her on the farmers protests.A single bench of Justice HP Sandesh set aside the order observing that the Magistrate acted mechanically, without examining if the offences were made out.The matter has been remitted back to the Magistrate for fresh consideration."...nowhere the Magistrate made any reference that he has perused averments in the complaint and whether it amounts to an offence. Matter has to be remitted back to trail court to look into whether averments made in the complainant amount to offence", Jusitce Sandesh observed in the order.The order was passed by Judicial Magistrate First Class (JMFC) at Tumkur under Section 156(3) of the Code of Criminal Procedure on a complaint made by one Advocate Ramesh Naik alleging that Kangana promoted enmity between groups by comparing protesting forests to terrorists.The complainant had sought FIR for the offences under Sections 153A, 504, 108 of the Indian Penal Code.During the hearing, Justice Sandesh made oral remarks rebuking Kangana for her tweet."Who gave you the power persons who support farmers bill are terrorist? If same words are uttered against you what will you going to do..Celebrities while making statements should first hold their tongue", the judge orally told Advocate Rizwan Siddique, who was representing the national award winning actor.The tweet in question was posted on September 21, saying as follows :"People who spread misinformation and rumours about CAA that caused riots are the same people who are now spreading misinformation about Farmers bill and causing terror in the nation, they are Terrorists. You very well know what I said but simply like to spread misinformation".Arguments in Kangana's petitionActor Kanaga Ranaut, in her petition filed before the Karnataka High Court seeking to quash an FIR registered over her tweet on farmers protests, has said that the said tweet was not made with any intention to promote enmity and was instead done "solely with the intention to caution her followers" The petition in that regards reads as "Lok Sabha on September 17, 2020 passed the Farmers Produce Trade and Commerce (Promotion and Facilitation) Bill, the Farmers (Empowerment and Protection) Agreement on price assurance and Farm Service Bill, 2020 and the Essential Commodities (Amendment) Bill 2020, all of which got the President's Assent on September 27, 2020. As against these enactments there was immense opposition shown by the general public to the extent that farmers across the country collectively called for nationwide protest and other such measures." Further, "She strongly believed that this furore was being caused by the mass spreading of false information about the said enactments by various invested groups, leading to general unrest, strikes and protest over various parts of the country." "The petitioner drew similarity between the said situation and the situation when the Central Government had enacted the Citizenship Amendment Act, 2019 which had led to protest and strikes in various parts of the nation. The petitioner formed an informed opinion on the same and believes that the reason for such strikes to have broke out then against the Citizenship Amendment Act as well as now against the Farmers Bill's is because of the misinformation being spread by certain vested groups, aiming at misleading the general citizenry of India and causing social unrest," it says. The petition seeking to quash the order states that the complaint filed by respondent no 2, does not disclose the manner in which the tweet satisfies the ingredient of section 153 of and 153A of the Indian Penal Code. The impugned order has been passed without application of mind and in a mechanical manner and is therefore erroneous and against the principles of law. Further it says that "Essence of the offence under section 153A is promoting enmity between two different groups on grounds of religion, race, place of birth, residence etc and doing acts prejudicial to maintenance of harmony. Merely inciting the feelings of one community or group without any reference to any other community or group cannot attract the provisions of Section 153A." Following which it is said "Bare reading of the tweet of the petitioner dated 21-09-2020, it becomes amply clear that the petitioner neither has the intention nor has she committed the overt act required to establish an offence under Section 153A. It is submitted that the words used in the tweet do not either directly or indirectly, promote enmity between different groups on any grounds and do not do or promote the doing of acts prejudicial to maintenance of harmony." It adds "Not only is the said tweet being misread, but meaning and intention are being accorded to it in subterfuge ...

BREAKING: Karnataka High Court Quashes Magistrate's Order Directing FIR Against Kangana Ranaut For Tweet On Farmers Protest

Mustafa Plumber

Tags