Bombay High Court to hear at 11 AM the petition filed by Kangana Ranaut and her sister Rangoli Chandel seeking to quash the FIR registered by Mumbai police over her tweets alleging that they were communally provocative.

Follow this thread for LIVE UPDATES

#KanganaRanaut

A division bench of Justices SS Shinde and MS Karnik will hear the petition of #KanganaRanaut filed through Advocate Rizwan Siddiquee @RizwanSiddiquee

#BombayHighCourt
#MumbaiPolice

The FIR was registered on the direction of Bandra Metropolitan Magistrate who said that the prima facie case was made out against #KanganaRanaut on the basis of her tweets.

#BombayHighCourt

The petition seeks an interim stay on the summons issued by the Mumbai Police @MumbaiPolice asking Kangana and her sister to appear for questioning. The petition also seeks an interim order to restrain Mumbai Police from taking coercive steps against her.

#BombayHighCourt

The bench of Justices SS Shinde and MS Karnik has assembled.

#KanganaRanaut
#BombayHighCourt

The petition stands adjourned.
#KanganaRanaut
#BombayHighCourt

The bench will take up the matter at 3 PM today.
#KanganaRanaut
#BombayHighCourt

Bombay High Court to take up at 3 PM the petition filed by Kangana Ranaut @KanganaTeam seeking to quash the Mumbai Police @MumbaiPolice FIR against her.

#KanganaRanaut
#BombayHighCourt

Matter taken up.
Advocate Rizwan Siddiquee @RizwanSiddiquee starts making submissions for Kangana Ranaut.
#KanganaRanaut
#BombayHighCourt

Senior Advocate Rizwan Merchant for respondent interjects to submit that the complete FIR has not been annexed. FIS not annexed. He adds that copy was served only today morning and seeks time for reply.

#KanganaRanaut
#BombayHighCourt

Siddiquee : This is all we got after making applications before the Magistrate. Police refused to furnish copies.

#KanganaRanaut
#BombayHighCourt

Merchant : The statement is an integral part of the FIR. Without the statement recorded by the police, how can the Court consider the prayer for quashing FIR?

#KanganaRanaut
#BombayHighCourt

Merchant : I received the petition yesterday night at 12.40. I need time to prepare in this matter.

#KanganaRanaut
#BombayHighCourt

Justice Shinde : It appears that the third summons has been issued to your client(Kangana). Earlier two summons were not complied.

Siddiquee : My client was not in Mumbai. There was a marriage function.

#KanganaRanaut
#BombayHighCourt

Siddiquee : All the summons were responded via statements. Answers were sent to investigating officers. She is currently not in Maharashtra. I have no difficulty in appearing by video conferencing.

#KanganaRanaut
#BombayHighCourt

Justice Shinde : When a summons is issued, what is the procedure? You sent the answers by post? Is that the procedure?

#KanganaRanaut
#BombayHighCourt

Siddiquee : We could not come because a marriage was going on. That is why she has sent the statements.

Justice Shinde : Whatever, you have to honour the summons!

#KanganaRanaut
#BombayHighCourt

Siddiquee : Because of COVID-19, they have to keep isolated after the marriage function.

Justice Shinde : When will she return to Maharashtra?

Siddiquee : I will check with her and get back.

#KanganaRanaut
#BombayHighCourt

Justice Shinde : Mr.counsel, three summons were issued to you.

Siddiqque says he will just confirm with Kangana as to when she will return to Maharashtra.

#KanganaRanaut
#BombayHighCourt

The bench is now waiting for Siddiquee to respond after he contacts Kangana Ranaut regarding her return to Mumbai.
He is making a call to her.

#KanganaRanaut
#BombayHighCourt

Siddiqque says that Kangana and her sister will be able to come to Mumbai in the first weekend of January.

#KanganaRanaut
#BombayHighCourt

Prosecutor : In that case, we will have to follow the procedure.

#KanganaRanaut
#BombayHighCourt

Merchant submits that the petition has not been signed and verified by the petitioners.

#KanganaRanaut
#BombayHighCourt

Merchant (for Mumbai Police) : Who has signed the petition? Where are they?

#KanganaRanaut
#BombayHighCourt

Justice Shinde replies that in the copy before the bench the signatures and verification of the petitioners are there.

#KanganaRanaut
#BombayHighCourt

Merchant : They say that they are in Hyderabad. But there is no verification.

Justice Shinde(smiling) : Mr.Merchant, due to pandemic even citizens abroad are filing petitions here

#KanganaRanaut
#BombayHighCourt

Justice Shinde asks Merchant why Section 124A IPC has been added in the FIR?

'Are you treating citizens of country like this? 124A?', Justice Shinde asks.

#KanganaRanaut
#BombayHighCourt

Justice Shinde : We understand other sections. But 124A?

#KanganaRanaut
#BombayHighCourt

Justice Shinde : If the case was serious, you would have filed FIR. But the FIR was filed only after the Magistrate passed order under 156(3).

#KanganaRanaut
#BombayHighCourt

Merchant : If the remedy of Section 438 is there for protection from arrest, why Section 482 is invoked?

Justice Shinde observes that the HC has been giving protection under Section 482 in appropriate cases.

#KanganaRanaut
#BombayHighCourt

Justice Shinde says that courts have been granting protection from arrest in petitions seeking quashing of FIR when the person has not been arrested.

#KanganaRanaut
#BombayHighCourt

Justice Shinde : What we propose to do is, we will grant you time. We will grant the petitioners (Kangana and her sister) protection from arrest and let them appear before police when they come in Janaury.

#KanganaRanaut
#BombayHighCourt

Merchant : Let them come ASAP if they want protection. What is so special about them that they should wait till January?

#KanganaRanaut
#BombayHighCourt

Justice Shinde to Siddiqquee asks when the petitioner can come to record her statement.

Siddiquee says 8th of January.

#KanganaRanaut
#BombayHighCourt

Justice Shinde again to Prosecutor : Why the police is invoking Section 124A IPC(sedition) in such cases? In many cases 124A is invoked. You conduct proper workshops for officers as to which sections should be invoked.

#KanganaRanaut
#BombayHighCourt

The bench records Siddiquee's submission that Kangana and her sister Rangoli will appear before the police on January 8 for recording the statements.

#KanganaRanaut
#BombayHighCourt

Justice Shinde : If anybody does not fall within the line of the government, will that be sedition?

#KanganaRanaut
#BombayHighCourt

The bench is passing the order. Records that Kangana and Rangoli will appear before Bandra Police SHO on January 8, 2021, between 12 PM - 2PM.

#KanganaRanaut
#BombayHighCourt

Bombay High Court directs Mumbai Police @MumbaiPolice to not take coercive action against Kangana Ranaut @KanganaTeam and her sister Rangoli Chandel on the FIR until further orders subject to condition that they appear for recording statement as undertaken.

#BombayHighCourt