Showing posts with label Rizwan Siddiquee. Show all posts
Showing posts with label Rizwan Siddiquee. Show all posts
Nawazuddin Siddiqui has reached out for settlement, says Aaliya’s lawyer
8:30 AM
Sugandha Rawal (HINDUSTAN TIMES; March 30, 2023)
Actor Nawazuddin Siddiqui is ready to end his marriage to Aaliya and get a divorce. It is being revealed that, as part of the settlement, he will be withdrawing the defamation suit that he filed against her. Reports also say that the settlement process is for other problems in the marriage, and that an ugly fight over who gets the kids is not expected at this time. They have two kids together.
Nawazuddin and Aaliya have had ugly public fights for a long time now, with Aaliya claiming that Nawazuddin ‘disowned’ their children and alleging that his mother Mehrunisa harassed her by not giving her access to the actor’s Mumbai home. The actor reacted to the claims, saying that his estranged wife only wants money, which was denied by Aaliya.
Talking about the new developments, Aaliya’s lawyer, advocate Rizwan Siddiquee, tells us, “Through his lawyers, Mr Nawazuddin Siddiqui has already sent me a draft proposal of terms for settlement. The said draft was sent to me on March 25, 2023. It is a positive step that they are trying to settle the matter amicably. We shall be closing the matter soon if all issues are closed in the interest of all parties concerned, especially the minor children.”
Earlier this week, Nawazuddin also filed a defamation case against brothers Shamasuddin Siddiqui and Aaliya. The actor has demanded Rs. 100 crore and an apology letter. Giving an update on the same, Siddiquee shares, “When it comes to the defamation case, I can only say that we have not been served any copy of the same as yet, and in any event, even before the date of the said suit, Mr Nawazuddin himself has communicated the consent terms for settlement. I am therefore just ignoring the said suit at the moment and concentrating on a settlement between the parties.”
Settle access to kids issue, says Bomaby High Court to Nawazuddin Siddiqui and his estranged wife
8:31 AM
Rosy Sequeira (THE TIMES OF INDIA; February 25, 2023)
Mumbai: The Bombay High Court on Friday told actor Nawazuddin Siddiqui and his estranged wife to settle the issue of giving him access to their two minor children. “Put an end. We don’t see any other point,” said Justices Ajay Gadkari and Prakash Naik. They were hearing a habeas corpus petition by Nawazuddin to know the whereabouts of his daughter (12) and son (7) who are in the custody of their mother Zainab.
Advocate Pradeep Thorat, for Nawazuddin, said the school wrote that the children are missing class and will be rusticated. He said last year Zainab travelled to India without the children, and added, “some third person has taken my children out of Dubai.” Thorat said the couple separated in 2011 and there is a khulanama.
Zainab’s advocate Rizwan Siddiquee said the children are with their mother. “The daughter will not leave her mother and go to any other country,” he added. He said the children’s education will be online or in India and “they don’t want to continue in Dubai.”
To the judges’ query on what happens to their studies if they leave school in between, Siddiquee replied, “If the school is not allowing online (class), they will change the school.”
When Siddiquee said Zainab is disputing the khulanama, the judges pointed out that the scope of the petition is limited. “He (Nawazuddin) is only concerned about the schooling of his children,” said Justice Gadkari. Thorat urged that Nawazuddin be allowed to communicate with his children. Siddiquee said the daughter talks with her father but the son had “very limited contact” with him.
Adjourning the hearing to March 3, the judges suggested the warring couple settle visitation rights for Nawazuddin and asked their advocates to talk and draw up minutes.
Nawazuddin Siddiqui abandoned me in Dubai; I’ve no food, money, says his house help
8:23 AM
Twenty-year-old Amritsar woman, hired last year to take care of the actor’s children in Dubai, is now alone on foreign land; Siddiqui’s wife’s lawyer alleges irregularities in securing her visa
Diwakar Sharma (MID-DAY; February 20, 2023)
Actor Nawazuddin Siddiqui has been accused of abandoning his 20-year-old house help in Dubai without money or food. Hired in November to take care of his minor children while they studied in Dubai, Sapna Robin Masih has been living there alone for nearly a month, said an advocate who is trying to help her return.
Advocate Rizwan Siddiquee, who is the lawyer of Nawazuddin’s wife Aaliya Siddiqui, told mid-day that Masih was taken to Dubai in November on a tourist visa. In February, he got her a work visa, which mentions her designation as sales manager at “an unknown company”.
He added that while Aliya returned to India towards the end of November or early-December, their children came home in the last week of January. “Now, Masih is all alone at the Dubai house, whose rent has not been paid. She has nothing to eat at home. It’s ironic that she was given a residence visa, but has nothing to eat at home,” he told mid-day.
Masih, who hails from Amritsar, narrated her ordeal in a video and sent it to Siddiquee, seeking help.
“Masih was employed by Nawazuddin on November 9, 2022, but she was paid salary only for the first month. She was told her salary will be adjusted against her visa fees,” Siddiquee said.
“Nawazuddin has completely abandoned her in Dubai, without any food or money, in the house rented by Nawazuddin,” he added.
Siddiquee said that the actor has not even paid the rent and electricity bills. “If she is not rescued immediately, she will be left without money, food or shelter in Dubai, within the next two-three days, as the department concerned will snap the electricity connection after vacating the rented house,” he added.
“I am initiating criminal action against Nawazuddin under Section 344 (wrongful confinement for 10 or more days) of Indian Penal Code. I urge the government authorities concerned to look into the matter on the most urgent basis,” tweeted the advocate, while also sharing her Dubai address.
Following this tweet, the local government authority in Dubai rushed to help Masih and even Nawazuddin started arrangements to bring her back, Siddiquee told mid-day. “However, she is still yet to be paid,” he added.
Nawazuddin’s manager did not respond to mid-day’s request for comment till the time of going to the press.
Nawazuddin Siddiqui giving ‘no food, bed, bathroom’ to wife, says lawyer
8:21 AM
HINDUSTAN TIMES (February 2, 2023)
In a series of shocking allegations, the advocate of actor Nawazuddin Siddiqui’s wife Aaliya Siddiqui, has claimed that the actor and his family members have “ensured that no food, no bed, and no bathroom is given” to her.
Aaliya reportedly returned from Dubai with their children, Yaani and Shora, due to passport issues, and has been staying at Siddiqui’s Mumbai residence.
“Siddiqui and his family members did everything possible to throw out my client from the house. The family even filed an untenable criminal complaint of trespass against my client. Thereafter, through the police, they threatened to arrest her and were calling her each day to the police station, after sunset,” stated the lawyer, Rizwan Siddiquee.
Aaliya claimed that she was being harassed at her home after Nawazuddin’s mother filed a complaint against her over a property dispute. Siddiquee added, “I do not want to directly attribute the actions and the failures of the police department to them, yet the fact remains that no police officer ever came to protect my client’s rights. Not only her relationship with Nawazuddin was questioned before the police officers, but even the legitimacy of my client’s minor son was questioned. Yet the police officer did not act on the written complaint given by my client under Section 509 of IPC.”
Kangana Ranaut may be a star, but can’t dictate terms, says court
8:25 AM
Rebecca Samervel (THE TIMES OF INDIA; March 25, 2022)
In a detailed order rejecting actor Kangana Ranaut’s plea for permanent exemption from attending legal proceedings in the Javed Akhtar defamation case, a city court held that despite being a celebrity with professional assignments, she cannot forget that she was an accused in the case. It also noted that till date, she has not appeared with an intent to cooperate and is ‘dictating her own terms’.
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Mumbai: In a detailed order rejecting actor Kangana Ranaut’s plea seeking permanent exemption from attending legal proceedings in a defamation case against her by Bollywood veteran Javed Akhtar, a magistrate’s court held that no doubt, being a celebrity, she had professional assignments, but she cannot forget that she was an accused in the case.
The court said that till date she has not appeared with an intent to cooperate with it for the trial.
“The accused is dictating her own terms for the trial of this case in the manner she likes. Admittedly, the accused cannot claim permanent exemption as of right. The accused has to follow the established procedure of law and terms and conditions of her bail bonds…” metropolitan magistrate RR Khan said.
“If accused is permanently exempted at this juncture the complainant, a senior citizen (Akhtar), will be seriously prejudiced and there will be no progress in the trial,” the magistrate added.
In a 15-page order, the magistrate said that so far the court had approved all her exemption pleas without imposing cost and no coercive orders were passed despite her repeated absence.
“If at this juncture the accused is allowed to remain absent permanently, her earlier conduct furnishes an assurance that she will never ever attend this court for framing of particulars and further trial,” the court said.
The court assured her that she will be exempted on specific situations if needed by consent of both sides.
Akhtar’s defamation complaint was submitted in November 2020 before the Andheri magistrate’s court. Akhtar’s plea had said he was shocked when he learnt on July 19, 2020, that Ranaut had given an interview to a news channel, damaging his “immaculate reputation by falsely attributing statements to him”.
Ranaut had moved a plea in March 2021 seeking permanent exemption and said that she would remain present when essential.
Her lawyer Rizwan Siddiquee had submitted that she is one of the top-most actresses of the Hindi film industry and needed to travel to different locations in India and abroad. Akhtar’s lawyer Jay Bhardwaj said it was an attempt to prolong the matter.
Kangana Ranaut’s petition to shift case is rejected
8:25 AM
THE TIMES OF INDIA (October 22, 2021)
Mumbai: An additional chief metropolitan magistrate on Thursday rejected a plea made by actor Kangana Ranaut for transfer of veteran lyricist Javed Akhtar’s defamation complaint against her to another magistrate.
Last month Ranaut’s lawyer, Rizwan Siddiquee, moved a plea seeking a transfer of the case from the in-charge court on the grounds that she has “lost faith” in it. He said they were “not comfortable” before the court and felt it was “biased against her.” Siddiquee said they will challenge Thursday’s order.
Akhtar had filed the defamation complaint against Ranaut in November 2020 before the Andheri magistrate’s court. Akhtar’s plea had said he was shocked when he learnt on July 19, 2020, that Ranaut had given an interview to Arnab Goswami of Republic TV and Republic Bharat, damaging his “immaculate reputation by falsely attributing statements to him”.
Ranaut appeared before the in-charge court last month after the court repeatedly summoned her. On Wednesday in his arguments for the transfer, Siddiquee submitted that the Andheri court magistrate had all the powers to decide on applications which were before him for adjudication, however he allegedly summoned her and chose to say he may issue an arrest warrant without giving any sufficient cause and reasons in writing.
Akhtar’s advocate Jay Bharadwaj seeking dismissal of her plea said it is not maintainable and lacking in any legal basis. He said she was not present on several occasions and her plea could not be recorded after cognizance was taken by the Magistrate. Bharadwaj said Akhtar, being a senior citizen, has been diligently present on each and every date of hearing.
Ranaut has also filed a case against Akhtar. In her complaint, Ranaut has accused him of extortion and criminal intimidation among other charges. She alleged that in a public dispute with Hrithik Roshan, Akhtar called her sister and her to his Juhu house, and threatened and forced her to tender a written apology.
Kangana Ranaut says the court is biased; files plea to transfer case
8:16 AM
Rebecca Samervel (THE TIMES OF INDIA; September 21, 2021)
Mumbai: Even as actor Kangana Ranaut appeared before the Andheri magistrate court in the defamation case filed by Javed Akhtar, her lawyer said she too had filed a case against the lyricist. In her complaint, Ranaut has accused him of extortion and criminal intimidation among other charges. She has alleged in a public dispute with her co-star Hrithik Roshan, Akhtar called her sister and her to his house at Juhu, and threatened and forced her to tender a written apology.
Meanwhile, Ranaut’s lawyer Rizwan Siddiquee said she has moved a plea before the chief metropolitan magistrate seeking a transfer of the case from the in-charge court on the grounds that she has “lost faith” in it. He said they were “not comfortable” before the court and felt it was “biased against her.” Rebecca Samervel reports.
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Akhtar forced me to tender written apology to co-star: Ranaut
Mumbai: Actor Kangana Ranaut’s lawyer Rizwan Siddiquee said she has moved a plea before the chief metropolitan magistrate seeking a transfer of the defamation case from the in-charge court on the grounds that she has “lost faith” in it. The transfer plea will come up for hearing on October 1.
Ranaut (34), in a peach saree, made her way to court a little before noon. After marking her presence, some pending bail formalities were completed.
Ranaut’s plea against lyricist Javed Akhtar (76) said, “The said accused (Akhtar) even had the audacity to then force me to tender a written apology to my said co-star (Roshan), thus, forcefully seeking to create a document (valuable security) in favour of my co-star.”
Ranaut’s plea also said she was threatened with dire consequences and told by indulging in a public fight with her “most powerful co-star and his family” she will be making her life miserable because she would go to jail and later take her life. She also alleged her moral character was attacked through certain statements. “The accused through his acts of crimes has thus wilfully caused me immense mental torture and trauma which still continues to have a disturbing effect on my mind..,” the plea said. She said instead of being apologetic, the defamation case was filed against her. “I state that my family has now permitted me to proceed with this complaint against the accused...,” Ranaut’s plea said.
Adjourning the defamation case to November 15, the Andheri magistrate court then said, “As the accused and her learned advocate has shown lack of faith and trust towards this court by making certain allegations against this court, therefore, at this juncture proceeding with the matter is not proper. Hence, by consent of both parties the matter is adjourned till decision of transfer petition filed by the accused,” the court said.
Siddiquee said without providing any sufficient cause and reasons and without there being an order on record, which justifies compelling appearance of the accused in a bailable, non-cognizable and compoundable offence, the court was threatening issuing “an arrest warrant... Accordingly, we have lost faith in this court and have therefore made a transfer application....”
Akhtar’s lawyer Jay Bhardwaj opposed his submission and stated the transfer petition filed before the Supreme Court is already disposed of. He contended that Ranaut was intending to evade legal proceedings, hence, she has taken a new stand. Akhtar’s plea for issuance of non-bailable warrant against Ranaut was rejected.
Court to issue arrest warrant if Kangana Ranaut fails to appear in Javed Akhtar case
8:17 AM
THE TIMES OF INDIA (September 15, 2021)
Mumbai: Andheri magistrate’s court on Tuesday, while granting actor Kangana Ranaut exemption from appearance in the defamation case filed by veteran Bollywood lyricist, Javed Akhtar, directed her to appear on the next date, failing which it will issue an arrest warrant.
“…application for exemption of accused is allowed for today only as a last chance.. for accused is informed that on failure of accused to remain present on next date of hearing, the court will issue warrant against her,” the court said. The matter will be heard on September 20.
Ranaut’s lawyer Rizwan Siddiquee moved a plea citing her ill health. He told court she had Covid-like symptoms and was to undergo a test. The lawyer said she travelled over the last fortnight and had met people during promotions of her latest film. The medical certificate was issued by a doctor who has been cited as a witness by Akhtar’s defence. He said in the past the court was also not working on a few of the court dates.
Akhtar and wife, actor Shabana Azmi were in court. His lawyer Jay Bharadwaj sought issuance of a non-bailable warrant against Ranaut, telling the court that so far she had not appeared even once. He said Akhtar diligently attended almost all hearings. The lawyer said the summons were issued eight months ago and she was granted exemption even when shooting in Europe. The court kept the plea pending until the next date.
Submitted in November through advocate Niranjan Mundargi, Akhtar’s plea had said he was shocked when he learnt on July 19, 2020, that Ranaut had given an interview to Arnab Goswami of Republic TV and Republic Bharat, damaging his “immaculate reputation by falsely attributing statements to him”. The plea said during the 57-minute interview Ranaut gave her opinions on circumstances around actor Sushant Singh Rajput’s death without appearing to have direct knowledge of it. The plea said she referred to Akhtar as being part of a “suicide gang”.
Javed Akhtar defamation case: No HC relief for Kangana Ranaut
8:29 AM
Swati Deshpande (THE TIMES OF INDIA; September 10, 2021)
Mumbai: The Bombay High Court on Thursday dismissed an application filed by actor Kangana Ranaut to quash criminal defamation proceedings initiated by an Andheri metropolitan magistrate against her in February on a complaint filed by lyricist-screenwriter Javed Akhtar. Ranaut had contended that the magistrate had not followed the procedure under the law and had displayed “non-application of mind” in summoning her.
The HC found “no ground” to interfere or quash the proceedings on the basis of alleged procedural irregularity adopted by the magistrate while taking cognizance of the complaint against Ranaut. “The order issuing process, dated February 1, reflects application of mind and hence, warrants no interference,” said Justice Revati Mohite-Dere, who dismissed the actor’s application finding it “devoid of merit”.
Ranaut’s counsel Rizwan Siddiquee argued that the magistrate had not followed the proper procedure in directing the police to do a probe which resulted in a “one-sided inquiry” as her witnesses were not examined. She was left “remedy-less” and thus had to approach the HC to protect her fundamental rights was also her plea. Siddiquee later said he would move the Supreme Court.
An Andheri metropolitan magistrate is scheduled to hear the case on September 14.
Akhtar’s lawyer Jay Bharadwaj said Ranaut did not respond to the police request for her statement adding that the magistrate “thoroughly applied his mind”, and relied on the complaint’s verification statement as well as Ranaut’s television interview.
The HC noted and Bharadwaj too had argued that “there is no challenge” to the contents of the November 2020 complaint and Ranaut’s grievance only pertains to the “illegal procedure”. The order said, “The magistrate examined the complainant (Akhtar)” on oath and then sent the complaint for probe to police and hence complied with the legal requirements.”
The HC said the three options available to the magistrate under Section 202 of the CrPC are to either inquire into the case himself, direct police to make investigation, or direct a person he thinks fit to probe. The HC said the magistrate exercised the second option. Juhu police after recording statements of several witnesses submitted its report “observing that a cognizable offence is disclosed against applicant (Ranaut)”.
Kangana Ranaut moves Bombay High Court to quash case by Javed Akhtar
8:08 AM
PTI (THE TIMES OF INDIA; July 22, 2021)
Bollywood actor Kangana Ranaut has approached the Bombay High Court seeking quashing of proceedings initiated by a city magistrate on a criminal defamation complaint filed against her by lyricist Javed Akhtar. In an appeal filed through advocate Rizwan Siddiquee, Ranaut claimed that the Andheri metropolitan magistrate’s court initiated proceedings against her by relying only on the police’s report and did not examine witnesses independently.
Akhtar filed a criminal complaint against Ranaut in November 2020 for allegedly making defamatory comments against him in television interviews. In December, the court directed the suburban Juhu police to conduct an inquiry. After the police stated in its report that an offence was made out, the court initiated criminal proceedings against Ranaut and issued a summons to her in February 2021.
“The metropolitan magistrate did not use his own powers for an inquiry but blatantly used the police machinery to collect the signed witness statements...which is completely unheard of,” said the actor in her petition. It was likely that the witnesses were influenced by the police, and the magistrate should have recorded evidence of witnesses under oath to “establish if an actual case was made out”, it said. The HC is likely to hear Ranaut’s plea next week.
Javed Akhtar says Kangana Ranaut’s ‘no FIR’ claim to renew passport false
8:13 AM
THE TIMES OF INDIA (July 3, 2021)
Mumbai: Lyricist Javed Akhtar has sought to intervene in a petition filed before Bombay High Court by actor Kangana Ranaut for her passport renewal. He filed an intervention application to say that she ought to have disclosed a defamation complaint which he filed against her as a magistrate had summoned her in that case before it.
Akhtar, 75, said he was seeking to place on record certain facts for consideration of the court. He said that during hearing of her plea for permission to renew her passport that expires in September, her counsel Rizwan Siddiquee in response to a query had, on instructions, submitted that “no criminal cases are pending” against her in any court arising out of two FIR which she had challenged. The HC had accepted the statement.
She had moved the HC as she said the regional passport office had raised queries over two FIRs against her, one allegedly for sedition offence at Bandra police station, filed by Munawar Ali over her social media posts and the other at Khar police station filed by Ashish Kaul, author of the book Didda: The Warrior Queen of Kashmir, over alleged copyright infringement.
Akhtar said the HC order records that the Centre’s counsel had said if Kangana’s counsel “is ready to make a statement that no criminal case is pending against the petitioner…the Passport Authority is ready to consider the application for renewal of passport, in accordance with Passport Act, rules, procedure, expeditiously.”
The writer-lyricist said the specific query put to her counsel was with regard to “any” criminal cases that may be pending against her. She ought to have disclosed the “pendency of case titled ‘Javed Akhtar v Kanana Ranaut’ pending before the 10th MM court, Andheri. On the basis of “false and misleading statement’’ the Regional Passport Office renewed her passport on June 29, said his intervention application, dated July 1. Advocate Siddiquee on Friday said, “We will respond to the intervention application before court, once we are served.’’
We will speed up Kangana Ranaut's passport plea, says Passport Office
7:57 AM
THE TIMES OF INDIA (June 29, 2021)
Mumbai: The Regional Passport Office (RPO) on Monday informed the Bombay High Court that it will expeditiously process the passport renewal application filed by actor Kangana Ranaut after she amended her plea to the state that there are only FIRs registered and no criminal cases pending against her in any court.
The actor had approached the court for “permission” to renew her passport, which expires on September 15, after the RPO had raised objections over “not mentioning correct facts”.
Kangana, who has to travel to Europe for a shoot, said in her plea that the RPO raised objections when she disclosed that an FIR was filed against her over her tweets.
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NDTV (June 29, 2021)
The Regional Passport Office (RPO) here told the Bombay High Court on Monday it will "expeditiously" decide on renewing Kangana Ranaut's passport once the actor made requisite corrections in her application for the key travel document.
Additional Solicitor General (ASG) Anil Singh, who appeared for the RPO, told a bench of Justices SS Shinde and Revati Mohite-Dere that the application that Ms Ranaut had submitted with the passport office in Mumbai, had factual inconsistencies.
He said that for instance, her application said that she had criminal cases pending against her.
However, only an FIR had been registered against her and criminal proceedings in the said case were yet to begin, Mr Singh said.
Mr Singh told the High Court that if Ms Ranaut's counsel, advocate Rizwan Siddiquee, clarified the same before the court, and if the actor made the necessary corrections in her application, the passport office would consider her plea and take an expeditious decision as per procedure.
The bench accepted Mr Singh's statement.
"The learned ASG on instructions submits that application does not mention the correct facts, inasmuch as, it is stated in the said application that criminal cases are pending against the petitioner (Ranaut), when in fact only FIRs are registered against the petitioner," the High Court observed.
"He (Singh) submits that in case the learned counsel appearing for the petitioner is ready to make a statement that no criminal case is pending against the petitioner and make appropriate corrections in the pending application before the Respondent Passport Authority, the said Authority is ready to consider the application for renewal of passport, in accordance with the Passport Act/rules/ procedure, expeditiously," the High Court said in its order.
Advocate Siddiquee then clarified that no criminal proceedings were pending against Ms Ranaut. He also agreed to make the necessary corrections in Ms Ranaut's application.
Kangana Ranaut moves Bombay High Court against FIR on copyright violation
8:28 AM
THE TIMES OF INDIA (June 26, 2021)
Mumbai: Actor Kangana Ranaut and her brother have moved Bombay High Court challenging an FIR by Mumbai Police for an alleged copyright violation case filed by Ashish Kaul, author of ‘Didda: The Warrior Queen Of Kashmir’.
In January, Ranaut had tweeted about her next production, ‘Manikarnika Returns: The Legend Of Didda’, based on the story of the Queen of Kashmir who defeated Mehmood Ghaznavi twice. Her lawyer, Rizwan Siddiquee, said there was “no film made, hence no copyright infringement offence committed. It is only because she announced that the film will be made the FIR was registered under the Copyright Act’’.
Siddiquee said the actor's fundamental rights are at stake, “why should she participate in the investigation?” Her petition said police registered an FIR following an order under section 156(3) of CrPC by a magistrate in March 2021. The FIR was based on “mere conjectures, speculation and surmises”.
After state government counsel gave an oral assurance of not taking coercive steps, including arrest against the petitioners till next hearing, HC said it will hear the plea on June 28. HC will also hear a plea by Ranaut, booked by Bandra police in a case alleging an offence of sedition along with her sister Rangoli, seeking directions to the authorities to renew her passport to enable her to go abroad for shooting of a film.
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Actor seeks permanent exemption from appearance in defamation case
Citing work commitments across the country, actor Kangana Ranaut sought permanent exemption from appearance before court in a defamation case against her by veteran Bollywood lyricist Javed Akhtar. She said attending trial regularly will require her to travel miles from various locations to Mumbai, causing her undue hardship, and she and production houses will incur huge financial losses. “The applicant declares her non-appearance shall not come in the way of proceedings with trial,” the plea by advocate Rizwan Siddiquee said.
Bombay HC adjourns Kangana Ranaut's passport renewal plea to June 25, terms it 'vague'
7:55 AM
Swati Deshpande (THE TIMES OF INDIA; June 15, 2021)
MUMBAI: Bombay High Court on Tuesday passed no order and adjourned the hearing of a petition filed by actor Kangana Ranaut for permission to get her passport that is expiring on September 15, renewed. The HC questioned her advocate Rizwan Siddiquee on why she had not moved court earlier. He submitted that she has to travel abroad for a film shoot and her film production team was already on location.
MUMBAI: Bombay High Court on Tuesday passed no order and adjourned the hearing of a petition filed by actor Kangana Ranaut for permission to get her passport that is expiring on September 15, renewed. The HC questioned her advocate Rizwan Siddiquee on why she had not moved court earlier. He submitted that she has to travel abroad for a film shoot and her film production team was already on location.
Her application said the Regional Passport Office has raised objections to her renewal and sought an order from the court when she disclosed the FIR against her by Munawar Ali over allegedly inflammatory social media posts. Rizwan Merchant, counsel for Munawar Ali raised preliminary objections to her plea saying it nowhere places any refusal or order by the passport officer on record. He also said the RPO is not made party to her application, by her.
A bench of Justices P B Varale and S P Tavade also verbally remarked the “application is vague" and said she could have approached her lawyer and court earlier had she been more vigilant.
Siddiquee tried to submit that the film crew is already abroad and hence sought an earlier hearing. He said she “had a schedule to travel to Budapest, Hungary from June 15, 2021 till August 30, 2021 in order to complete the second shooting schedule of a Hindi Film, Dhaakad.” He said the Passport office had made an oral objection and sought a court nod.
Her plea sought HC order to “confirm that the magistrate’s order and FIR under challenge before the HC would not compromise her rights" to the passport renewal.
Due to the FIR, her application said, the passport authorities without appropriate court order, "showed inability to renew it."
Her plea was that she needs to be present for the shoot to keep her professional commitments since the production houses have huge investments at stake.
The HC had last November in an interim order granted protection to Ranaut and her sister Rangoli Chandel from any coercive action and arrest by Mumbai Police in the case.
Ranaut has sought the quashing of a magistrate's October 2020 order and the subsequent FIR registered against her and her sister by Bandra police allegedly for statements to promote communal disharmony.
The HC at an earlier hearing expressed reservation on the invocation of 'sedition' as an offence against the sisters.
I’m being tortured, says Kangana Ranaut; records her statement with cops
8:29 AM
V Narayan (THE TIMES OF INDIA; January 9, 2021)
Mumbai: Bollywood actor Kangana Ranaut and her sister Rangoli Chandel recorded statements with Bandra police in a case of sedition, filed on orders of a Bandra court on October 16, 2020, after Bollywood casting director and fitness trainer Munawwar Ali Sayyed filed a complaint.
Kangana and her sister had filed a petition before Bombay High Court to quash the FIR against them. It gave interim protection to them and told both to be present at Bandra police station on January 8 between noon and 2 pm.
Sayyed had complained that Kangana, in tweets and TV interviews, defamed Hindi film industry by portraying Bollywood as a hub of nepotism, favouritism, drug addicts, communally biased and murderers.
Police had summoned both on October 26 and 27, then on November 9 and 10 respectively, but they said they were busy with a family function at their home town. Both reached the police station around 1pm and left around 3.45 pm after they replied to questionnaires. A police officer told TOI, “All tweets and video statements she posted on social media were part of the list they put for her to answer.”
Their statements will be sent to a high-ranking officer, who will decide if both should be called again. Police said they will decide about it after January 11.
Kangana’s lawyer, Rizwan Siddiquee, said her statement had been recorded as per an HC order.
Before heading to the police station, Kangana tweeted a 1.30-minute video stating she was targeted for expressing her opinion on issues related to the country’s welfare. “Why am I being mentally, emotionally and now physically tortured? I need answers from this nation.... I stood for you, it’s time you stand for me... Jai Hind”.
“My house was demolished illegally. When I talk about welfare of farmers, cases are registered against me almost every day. For instance, there is a case against me because I laughed,” she claimed.
She mentioned in the video post a case against Rangoli for speaking against attacks on doctors during initial days of lockdown. “Even my name was added in that case, even though I was not even on Twitter at the time.” She tweeted around 5.30 pm, ‘If you are anti-India you will find lot of support, work/rewards, and appreciation. If you are a nationalist then you will have to stand alone, be your own support system and appreciate your own integrity. After hours of grilling at police station on my way to Bhopal.”
Bandra police registered a case on October 17, 2020, after Sayyed lodged a complaint that tweets and statements of Ranaut and her sister could lead to a communal problem. Kangana and Rangoli were booked under Indian Penal Code sections for common intention, sedition, promoting enmity, deliberate and malicious acts intended to outrage religious feelings.
Grave violation of plan, says Court to Kangana Ranaut over ‘merging 3 flats’
8:21 AM
THE TIMES OF INDIA (January 4, 2021)
Mumbai: The city civil court in Dindoshi has held that actor Kangana Ranaut, who converted her three flats into one unit in a Khar building, is in “grave violation of the sanctioned plan for which the permission of the competent authority is required”.
“She has covered the sunk area, duct area, common passage as per her own convenience and included free FSI into habitable,” said the court in its reasons for dismissing her interim application to stay a 2018 notice issued by the BMC over the alleged unauthorised modifications to her flats in the 16-storey D B Breeze building, opposite Khar Gymkhana.
Dindoshi court judge L S Chavan, in his operative order on December 22, however, continued the interim relief of status quo granted in January 2019 in her favour, for six more weeks.
In its reasoned order released on December 28, the court said Ranaut “failed to show the authorisation” and “also failed to demonstrate that the impugned notice and orders passed by the designated BMC officer are bad in law”. Therefore, she is not entitled for the relief sought, said the court.
Ranaut’s lawyer Rizwan Siddiquee, who had argued that the initial civic notice was “vague”, on Sunday said: “We will pursue the action against this order as available in the legal process.”
Ranaut denied having made any alterations or structural changes to her flats.
In March 2018, the BMC had issued Ranaut a notice under the Mumbai Regional Town Planning (MRTP) Act and said she could apply for regularisation of the work within a month. The actress claimed that while she was in the process of filing a reply, the BMC issued an order in May 2018, directing her to restore the flats to their original sanctioned plans within seven days failing which they would be demolished. The BMC order said, “on perusal of record I find that the structure is unauthorised…beyond the plan”. Ranaut then challenged the notice and order.
The BMC lawyer, Dharmesh Vyas, said the notice and order of the BMC were lawful.
The judge did not find the BMC notice vague. The court also found no substance in Ranaut’s plea that the BMC failed to follow the standard operating procedure (SOP), and take photographs and measure the dimensions of the alleged unauthorised structure. The court said the BMC had pasted “one photo” on the inspection report. The court order said that SOP are civic guidelines and any error would be a “a procedural defect”. “Plaintiff will not be entitled to get relief merely on the grounds of a procedural defect, unless she establishes authenticity of structure,” it said.
The court also dismissed a plea by the owner of 12 other flats in the Khar building, RKW Construction Facility Management Pvt Ltd, holding that it too had merged apartments in “grave violation of sanctioned plans”.
Mumbai BMC chief summoned over demolition at Kangana Ranaut's home
8:33 AM
State human rights commission was hearing a petition that said the act was a violation of the actor's human rights, asks Iqbal Singh Chahal to appear on January 20
MID-DAY (December 24, 2020)
The Maharashtra State Human Rights Commission has asked BMC chief Iqbal Singh Chahal to appear before it on January 20, 2021 during a hearing of a petition filed against the demolition of parts of actor Kangana Ranaut's Bandra bungalow by the civic body. The petition was moved before the commission two days ago claiming that the BMC's act of razing portions of the actor's bungalow was a violation of her human rights.
The BMC had justified the demolition in upscale Pali Hill on the grounds that the actor had carried out illegal work at the bungalow. It was carried out on September 9.
Petitioner Aditya Mishra has relied on an order of the Bombay High Court which has termed the BMC's drive a "malice in law". He also cited a Supreme Court ruling that declared the right to private property to be a human right. If any act by the state or its agencies pertaining to someone's private property is found to be illegal, then it is a violation of human rights, said the petitioner, citing the apex court order.
"When the act of BMC is found to be illegal by the Bombay High Court, then it's a crystal clear case of violation of human rights, which warrants the intervention of the commission," he said. The rights panel on Wednesday accepted the petition and issued summons to BMC chief Iqbal Chahal.
Last month, the HC, in its order on Ranaut's petition challenging the BMC's action, had said it was a "mala fide act" done to cause substantial loss to the actress. The HC had also said it did not approve of authorities using "muscle power" against any citizen. "The civic body proceeded to act and illegally against the rights of a citizen," the HC had said.
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But Actor Gets 6 Wks’ Reprieve To Approach HC
Swati Deshpande (THE TIMES OF INDIA; December 24, 2020)
Mumbai: In a relief to the BMC, a city civil court in Dindoshi on Tuesday dismissed an application for interim protection filed last year by actor Kangana Ranaut against a civic notice over alleged “grave violations of sanctioned plans” by merging three flats into one in the 16-storey D B Breeze building in Khar.
City civil judge I S Chavan, however, on a plea from Ranaut’s lawyer Cathrine Fernandes and Rizwan Siddiquee gave her six weeks to challenge the dismissal order before the Bombay high court.
The building, located opposite Khar Gymkhana, has been under BMC scanner for alleged unauthorised constructions and violations of building plan since March 2018. In January 2019, the court had issued a status quo order on applications filed by Ranaut and the society, RKW Construction Facility Management Pvt Ltd, against the civic notices. The BMC had sought action against the actor for allegedly “covering sunk areas, ducts, common passages as per her own convenience, thereby causing threat to other members of the society”.
The court, on Tuesday, passed a similar dismissal order in a separate application filed by RKW Construction Facility Management, but also stayed it for six weeks on a plea by its lawyer Rohit Shetty who said he wanted to approach the HC.
BMC counsel, Dharmesh Vyas, said the alleged illegal modifications included ‘chhajas’ that were being used as balconies taken inside the flat, so were ‘sunk service slab’, and bathroom ducts were covered.
Ranaut had first approached the Dindoshi court in May 2018 against the notice. In October 2018, the court directed BMC to pass fresh orders after considering the actor’s reply. Two months later, the BMC filed another notice and she moved court again in January 2019.
In October 2019, she said that while the building plans were passed under the Development Control Regulations 1991, with the new DCR 2034 passed on September 2018, she was informed that “no application for regularisation or for any other purpose that may find a place in the new DCR should be entertained till October 24, 2018…as there are some final nitty gritties to be ironed out”.
The BMC affidavit submitted by H-West ward designated officer S C Khokale in September 2020 said the actor had carried out “major violations in the sanctioned plan” and BMC had “proceeded as per law”. He denied that it was a “fit case” for interim relief to be granted to Ranaut and added that she should be put to “strict proof ” to show how and what damage she would sustain. The BMC also questioned the jurisdiction of the court in entertaining her suit, barred under the Maharashtra Regional and Town Planning Act.
Last month, the HC had set aside a September 9 demolition order against alleged violations in Ranaut’s Bandra bungalow. That demolition was “actuated by mala fides”, the HC had said.
Mumbai: FIR against Kangana Ranaut, Rangoli Chandel for spreading communal hatred
8:17 AM
Rebecca Samervel (THE TIMES OF INDIA; October 18, 2020)
Mumbai: An FIR was registered against actor Kangana Ranaut and her sister Rangoli Chandel on Saturday, a day after the Bandra magistrate court directed police to conduct investigations against the two for allegedly creating communal tension through tweets and interviews.
The Bandra police registered the FIR under Indian Penal Code Sections 124A (sedition), 153A (promoting enmity between different groups on grounds of religion) and 295A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting their religion or religious beliefs). After the probe is completed, the police will have to submit a report before the court.
Munnawarali aka Sahil Ashrafali Sayyed, a feature film casting director, had through advocates Ravish Zamindar and Mohsin Shaikh submitted a private complaint before the Bandra magistrate court. The plea alleged that through her tweets, Ranaut was creating divisions between Hindu and Muslim artistes.
In an order pronounced on Friday, metropolitan magistrate Jaydeo Y Ghule said, “On prima facie perusal of the complaint and submissions, I found the cognizable offence has been committed by the accused. Total allegations are based upon comment on electronic media ie tweets and interviews. The accused used social media like Twitter. Thorough investigations is necessary by the expert.” Sayyed’s plea said over the last couple of months, Kangana had been defaming Bollywood by calling it a hub of nepotism, favouritism, drug addicts, communally biased people, murderers etc. “This is creating a very bad image of Bollywood in the minds of people and even creating a communal divide and rift between people of two communities and in the minds of the common man,” the plea said. He further said Ranaut had been “maliciously bringing religion in almost all her tweets” and cited several examples.
Referring to Chandel, the plea said she too had made an objectionable tweet to spread communal hatred and animosity among the two religious communities. “I say that the said tweet was so objectionable from a communal point of view that her Twitter account was instantly deleted. I say that the tweet not only hurt my religious sentiments but also the religious sentiments of Muslim community,” the plea said. The plea also cited Ranaut’s tweet against chief minister Uddhav Thackeray and a tweet calling Mumbai “POK (Pakistan Occupied Kashmir).”
Sayyed said he had written to the police last month, but no action was taken. “Police investigation is necessary to ascertain the real motive behind such hate tweets and who are the people backing such hatred to create communal tensions and sentiments against the government,” the plea said.
The court said all the alleged offences against the accused are cognizable.
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Sharmeen Hakim (MUMBAI MIRROR; October 18, 2020)
The Bandra police registered an FIR against actor Kangana Ranaut and her sister Rangoli Chandel for sedition and promoting enmity between different groups. The police acted on an order from the Magistrate Court in Bandra, which took cognisance of a complaint lodged by casting director and fitness trainer Munnawar Ali Sayyed.
In his complaint, Sayyed said the sisters were “trying to create hatred and communal tension between Hindus and Muslims" through their tweets.
Magistrate Jaydeo Ghule directed the police to book the Ranauts under sections 153A (promoting enmity between different groups), 295A (deliberate and malicious act to outrage religious feelings of any class by insulting their religion) and 124A (sedition) of the Indian Penal Code.
In the private complaint filed through advocate Ravish Zamindar, Gule has pointed out several tweets by Ranaut on the Sushant Singh Rajput death case, the lynching in Palghar and her tweets calling Mumbai Pakistan occupied Kashmir.
Sayyed has alleged that she has continuously been defaming the Bollywood film industry as a hub of nepotism, favouritism and is portraying its members as “drug addicts, communally biased people, murderers, etc” through her tweets and TV interviews.
He said that an investigation is required to ascertain “the real motive behind such hate tweets and to find out who is backing such hatred to create communal tensions and sentiments against the government.”
Agreeing with the complainant, the court says “Prima facie on perusal of the complaint and submissions I found a cognisable offence has been committed by the accused….A thorough investigation is necessary by an expert.”
This is the second FIR against Ranaut for her tweets.
Citing her tweets about the Palghar lynching where she referred to the BMC as “Babur Sena”, Sayyed said "Kangana is creating divisions between Hindu artistes and Muslim artistes....is maliciously bringing religion in almost all her tweets."
The complaint also mentioned how Chandel's hate-filled tweet automatically got her account suspended.
Ranaut’s lawyer Rizwan Siddiquee said, “Order passed by the learned magistrate shall be legally dealt with on "merits" as per the procedure of law. Right of speech and expression should not be construed as promoting communal disharmony. Having personally known Kangana, I can firmly say that she is not against any religion."
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The FIR, filed by a casting director, also includes charges of sedition under IPC
Vishal Singh (MID-DAY; October 18, 2020)
The Bandra Magistrate Court has given orders to register an FIR against actress Kangana Ranaut. Ranaut has been accused of inciting religious sentiments, dividing artistes on religious grounds, and promoting social malice. Petitioner Munnawarali Sayyed has demanded a probe against the actor, citing a tweet in the past.
Ranaut's sister Rangoli has also been named in the case. The complainant has also mentioned Ranaut's remarks comparing the situation in Mumbai to Pakistan Occupied Kashmir. The petitioner said Ranaut was constantly trying to divide Bollywood. According to him, these tweets are creating disharmony within Bollywood and in the general public.
According to the complainant, the actor allegedly also instigated the killing of Hindu sadhus in Palghar, and referred to the Brihanmumbai Municipal Corporation (BMC) as Babar Sena. As per the orders, the Bandra police has registered a case against the actor and her sister, Rangoli. Following the Bandra court's order, they registered a case under sections 153(A) (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony), 295 (A) (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) 124 (A) and 34 of the IPC, and IPC 124A (sedition).
DCP Abhishek Trimukhe confirmed that the Bandra police registered a case against Ranaut and her sister Rangoli. Ranaut's lawyer Rizwan Siddiqui tweeted, "Order passed by the Learned Magistrate shall be legally dealt with on 'merits' as per procedure of law. Right of speech & expression should not be construed as promoting communal disharmony. Having personally known Kangana, I can firmly say that she is not against any religion."
Ranaut posted on her social media account: "Meanwhile another FIR filed against me. The Pappu Sena in Maharashtra seems to be obsessing about me. Don't miss me so much, I will be back soon."
Do you always act so fast, Bombay High Court asks BMC in Kangana Ranaut demolition plea
8:35 AM
Swati Deshpande (THE TIMES OF INDIA; September 26, 2020)
Mumbai: Bombay High Court on Friday raised several questions asking the BMC how and why it had demolished the ground floor of actor Kangana Ranaut’s bungalow at Pali Hill in Bandra if there was no ongoing, illegal work as she contended. It also sought to know if there were multiple workers at the bungalow or just a solitary workman carrying out essential water proofing work.
The main question that may play out in court is whether the BMC should have used the stringent section 354A of its Act which gives just 24 hours before demolishing any ongoing illegal work, if the work is unexplained and not stopped after issuance of notice. Kangana has contended the work was completed in January, lawfully. If at all an illegality was found, the civic body could, instead, have relied on section 351 which provides for seven days to enable the alleged violator time to respond and rectify.
A bench of Justices Shahrukh Jimi Kathawalla and Riyaz Iqbal Chagla were well prepared, having read up her petition, the replies and counter replies along with annexures. Pointing to a list of other alleged illegal structures, the bench reiterated its question from Tuesday, to special civic counsel Aspi Chinoy, Anil Sakhare and Joel Carlos. “We want to know if demolition has taken place in those cases with the same swiftness?” the bench asked.
Kangana’s counsel Birendra Saraf with Rizwan Siddiquee made submissions at some length to contend that “BMC has at every stage tried to improve its statement”. Saraf said there was no such detection on September 5 as alleged by BMC and the first detection report is of September 7. He also said details in the report were sketchy; there was “no sketch, no photographs, no entry in detection register though mandated.”
Justice Kathawalla observed, “Even on day one they did not show photos” adding that it was his “understanding’’ that section 354A ought not to have been resorted to.
Saraf said, “When statute conveys drastic power, it requires great responsibility.” He also said had Kangana been issued a proper notice, she would have consulted an expert.
Chinoy said the portion that was demolished was not in the sanctioned plan. He also said the demolished part is “not open to the skies” and there would be “no rain ingress’’. Justice Kathawalla said he saw one broken window in the photographs.
BMC in a fresh sur-rejoinder said the actor had initially “not denied” the “unlawful alterations” mentioned in the demolition notice and said her specific denial in a rejoinder was both “belated and false”. It also submitted photographs to show the presence of “five workmen” and material present that shows “work was going on” when civic officers went to inspect.
On September 9 morning, the BMC squad had demolished a portion of alleged “ongoing unlawful additions and alterations contrary to sanctioned plans” hours before Kangana’s scheduled arrival from Manali. Her contention is the demolition was a “mala fide” counter blast by BMC as she was at “loggerheads with the government”. HC will now hear the matter on September 28.
Kangana Ranaut seeks ₹2 crore for ‘illegal’ razing by BMC
8:23 AM
Swati Deshpande (THE TIMES OF INDIA; September 16, 2020)
Mumbai: Actor Kangana Ranaut has sought Rs 2 crore in damages for the loss suffered due to the ‘illegal’ demolition by the BMC on her Pali Hill bungalow last week, reports Swati Deshpande.
In her amended petition served on the BMC before midnight on Monday, Ranaut claimed the demolition was “premeditated...with malice” and for “extraneous political reasons”. The BMC razed “40%” of the bungalow “including valuable chandeliers, sofa and rare artworks’’, the actor said, adding that as she used the space for work, her fundamental right to work is violated, as is her constitutional right to property.
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Mumbai: Challenging BMC’s 24-hour demolition notice as “hasty and high-handed…illegal and an abuse of power”, actor Kangana Ranaut questioned the absence of the civic body’s ‘detection report’ dated September 5 in her amended petition. She contended that the same day, she had “stirred a controversy” by making a statement “critical of Mumbai Police”. Ranaut said her statements had “caused angst to a political party, which is part of the state government”. “The same party is the ruling party in the municipal corporation”, said the petition.
On September 9, the Shiv Sena-ruled BMC had started demolition of alleged unauthorised constructions at Ranaut’s Bandra bungalow a few hours before her scheduled arrival to Mumbai. On Monday, she returned to her hometown in Himachal Pradesh.
On September 10, Ranaut’s advocate Rizwan Siddiquee had informed the HC that he would, by Monday, amend the 29-page petition filed hastily against the demolition notice.
In the 92-page amended petition, Ranaut has not sought restoration by the BMC, but an interim order to permit her to “make the bungalow capable of use”. The actor’s plea is also to quash the “perverse’’ and “false and vague’’ demolition notice of September 7 and demolition order of September 9 and restrain the municipal body from following through.
She said that the intention to “illegally” invoke section 354A, which empowers the BMC to stop ongoing work and provides for a 24-hour notice, was “to deprive her of a fair opportunity to respond to the notice” or pursue legal rights for regularisation, if required. The BMC said “unlawful work was ongoing”. She denied it.
Under Section 351 of the BMC Act, action can be taken against “completed work”, Ranaut’s petition said.
She added that though BMC alleged 14 illegal works, it shows only one person carrying out “waterproofing work”. Citing “stark contradiction’’ between the inspection report and handwritten notes, she said the report said “unauthorised construction…amalgamation work in progress”, while the notes “merely record internal renovation, finishing work is found in progress”.
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