Kangana Ranaut's social media post on farmers: Won't arrest her till Jan 25, Mumbai Police tell HC

The city police told the Bombay High Court on Monday that they will not arrest actor Kangana Ranaut till January 25 2022 over her social media post that allegedly linked farmers protests to a separatist groupThe police made the statement after a bench of Justices Nitin Jamdar and Sarang Kotwal said the issue involved the larger question of Ranauts fundamental right to free speech and that the court will have to grant her some adinterim reliefRanaut approached the HC earlier this month seeking that the FIR registered against her in November this year at Khar police station Mumbai following a complaint by a Sikh organisation be quashedAlso Read Kangana moves Bombay HC seeking to quash FIR over antiSikh commentIn her plea filed through advocate Rizwan Sidiquee Ranaut said while the complainants took objection to her Instagram post made on November 21 there was no legal case made out against herThe FIR was registered against the actor following a complaint made by some members of a Sikh body that claimed Ranaut through her Instagram post had portrayed the farmers protest on Delhi borders as a Khalistani movementThe police then booked Ranaut on charges of deliberately hurting the communitys religious sentiments under Section 295A of the Indian Penal CodeOn Monday Ranauts counsel told the HC that to invoke charges under section 295A an accused must have made the offensive comment with the deliberate and malicious intent of hurting a particular person or a communitys religious sentiments However in the present case the actor had no such intention her counsel saidThe bench went through Ranauts social media post in question and agreed with her counsels submissionWhere is the deliberate and malicious intent here Section 295 says that should be the sole and dominant object the HC said to the prosecutionThe bench then asked the police if they intended to arrest Ranaut in the caseChief Public Prosecutor Aruna Pai who appeared for the police said the Khar police had issued a notice to Ranaut asking her to appear before them for questioning but the actor hadnt responded to it yetWe have issued a notice to her Ranaut under Section 41A of the CrPC on December 1 but she hasnt responded She isnt cooperating Pai told the HCA notice under Section 41A of the Criminal Procedure Code CrPC is issued to an accused in cases where immediate arrest is not necessary but the accuseds presence is required at police station for questioningRanauts counsel told the HC that she was willing to appear before the police but apprehended her arrest in the caseThe HC then told Pai that the Khar police will require to make a categorical statement on whether they intended to arrest Ranaut or notThere is also the larger question of the protection of freedom of speech here Unless the police make a statement of not arresting her Ranaut well have to grant some relief the court saidRanauts counsel said the actor will appear before the Khar police on December 22Pai then made a statement on behalf of the investigating officer in the case that the police will not arrest her Ranaut until the next date of hearing in the HCThe court accepted the polices statement and posted the matter for further hearing on January 25 2022The HC also granted time to the complainants till the next hearing to file a reply to Ranauts pleaThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever