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Mumbai cops won't arrest Kangana Ranaut till Jan 25, police informs Bombay HC

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Mumbai, Dec 13: The Mumbai police on Monday informed the Bombay High Court that it will not arrest Bollywood actress Kangana Ranaut till January 25, 2022, in connection with her controversial post on farmers' protest.

A bench of Justices Nitin Jamdar and Sarang Kotwal said that the issue involved the larger question of Ranaut's fundamental right to free speech and that the court will have to grant her some ad-interim relief.

Mumbai cops wont arrest Kangana Ranaut till Jan 25, police informs Bombay HC

The Bollywood actress had approached the court seeking the FIR filed against her in November at Khar police station in Mumbai be quashed. Her legal counsel Rizwan Sidiquee, Kangana Ranaut that the complainants raised objections to her post and no legal complaint was against her.

Following a complaint against her by the members of a Sikh body, the cops filed the FIR for deliberately hurting the religious sentiments of a community under Section 295-A of the Indian Penal Code.

Her advocate on Monday told the court that she did not make any comment deliberately, so, section 295-A cannot be invoked in this case. He told, "Where is the deliberate and malicious intent here? Section 295 says that should be the sole and dominant object," the HC said to the prosecution.

Then, the bench then asked the police if they intended to arrest the actress in the case. Chief 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 hadn't responded to it yet.

"We have issued a notice to her (Ranaut) under Section 41A of the CrPC on December 1, but she hasn't responded. She isn't cooperating," Pai told the HC. A 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 accused's presence is required at police station for questioning.

Ranaut's counsel told the HC that she was willing to appear before the police, but apprehended her arrest in the case. The HC then told Pai that the Khar police will require to make a categorical statement on whether they intended to arrest Ranaut or not. "There is also the larger question of the protection of freedom of speech here. Unless the police make a statement of not arresting her (Ranaut), we'll have to grant some relief," the court said.

Ranaut's counsel said the actor will appear before the Khar police on December 22. Pai 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 HC." The court accepted the police's statement and posted the matter for further hearing on January 25, 2022. The HC also granted time to the complainants till the next hearing to file a reply to Ranaut's plea. PTI

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