Up To Court Now To Decide On Closure
V Narayan (THE TIMES OF INDIA; June 14, 2019)

Mumbai: The Oshiwara police have filed a report before an Andheri magistrate court stating that the case of sexual harassment filed by Tanushree Dutta against coactor Nana Patekar was “false”. As there was no evidence to prosecute Patekar, the police said while attaching their B Summary or case closure report, they were closing the case. It is now for the court to decide if the case stands closed or is to be carried forward.

The police report added Tanushree had filed the case “because of a misunderstanding and without malicious intent”. The case, lodged on October 6 last year, had marked the launch of the #MeToo movement in India.

Police said the actress had, after first filing a complaint with CINTAA (Cine and TV Artistes Association) in March 2008, “settled the matter” the same month after a meeting with the production house for the film Horn OK Pleassss. At the meeting, which took place in front of officials of CINTAA and IFTPC (Indian Film and TV Production Council), the cops said, it was agreed the producers would pay Tanushree “Rs 5 lakh + 10% service tax, and the matter would not be stretched any further.”
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BOMBAY TIMES (June 14, 2019)

According to reports, Nana Patekar has been given a clean chit by the police in the sexual harassment case filed by Tanushree Dutta, last year. The case was closed on the grounds that there was no prima facie evidence against the actor. About a month ago, reports had surfaced that Patekar’s name had been cleared in this case, however, Tanushree told BT that the investigation was still on, and such stories were only an attempt to help the actor’s career. In the complaint filed with the police, she had accused Patekar of misbehaving with her during the shoot of a song for the film Horn Ok Pleassss (2008). She had also accused Ganesh Acharya (who was choreographing the song), stating that he had stepped aside ‘obediently’ when Nana behaved inappropriately with her. When BT reached out to Acharya, about the latest development, he said, “I have also been given a clean chit. I haven’t spoken to Nana Patekar yet, but I am very relieved. We have to trust our judiciary and our cops to do their best. After so many months of working on the matter, the cops have given Nana and me a clean chit. Sacchai ki jeet hui. It’s good that this case has found closure. I am yet to discuss our next step with my team.”
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Police say Dutta’s sexual harassment complaint against Nana Patekar was ‘false’; attach statements of 18 witnesses of which three are of those who ‘watched silently’
Sharmeen Hakim (MUMBAI MIRROR; June 14, 2019)

The first ever #MeToo case in India has fallen through. The Oshiwara police have given a clean chit to actor Nana Patekar in the sexual harassment complaint filed last year by actress Tanushree Dutta and called the case “false”. The police filed a B Summary report, also called a closure report, in the Andheri metropolitan court on Wednesday, exonerating Patekar of sexual harassment and criminal intimidation on the sets of Hindi film ‘Horn Ok Pleassss’ in 2008. Alleged abettors, choreographer Ganesh Acharya, producer Abdul Samee Siddiqui and director Rakesh Sarang have also been given a clean chit.

The court will now accept the evidence and thereby accept or reject the closure report, as it deems fit. The court may also order further investigation or ask for a trial based on the existing evidence.

Attached to the summary report are statements of 18 witnesses, where everyone accepts there was a disagreement and fight on the sets of the film in 2008 but said they were not witness to the actual harassment Dutta faced. Dutta had alleged that Patekar had tried to introduce steps in a dance sequence of ‘Horn Ok Pleassss’ that would require unnecessary physical proximity between the two, thereby molesting her in full public view on March 26, 2008.

According to Dutta, one of the important witnesses to the incident was Acharya’s assistant Daisy Shah. She had supported Dutta at the time of the incident, but, according to the police, Shah said she didn’t witness anything. The other witnesses include choreographer Ganesh Acharya, director Rakesh Sarang and producer Abdul Samee Siddiqui. As Dutta had accused them of being abettors to the harassment by staying quiet, they were made accused in the case. Along with the closure report, the police also included their statements, in which they literally exonerated themselves of any wrongdoing. Also included are statements of, producers Ramesh Taurani and Ratan Jain and officials from CINTAA who had earlier admitted that they had handled Dutta’s complaint poorly.

The start of #MeToo

The actress had accused Patekar of inappropriate behaviour on the sets of Horn Ok Pleassss. She had alleged that the actor had tried to introduce steps in a dance sequence that would require unnecessary physical proximity between the two, thereby molesting her in full public view on March 26, 2008. Though Patekar had dismissed her allegations, she had approached the police to register a formal complaint. Inadvertently, it led to scores of women opening up on social media about the alleged abuse they suffered at the hands of male co-workers – including artists, academia and literati – and the following ordeal of having to give evidence of that abuse.