NEW DELHI: The Supreme Court on Friday refused to consider an appeal filed by actor-turned-politician, Kangana Ranaut against the rejection of her plea to quash a defamation case for her retweet and comments on a woman's participation in farmers protest.
A bench of Justices Vikram Nath and Sandeep Mehta expressed disinclination to entertain the plea.
Her counsel after arguing for a while withdrew the special leave petition against the Punjab and Haryana High Court's judgment, rejecting her petition.
As the counsel sought to argue the matter, the bench said it may invite adverse remarks which may prejudice the trial in the case.
The counsel submitted it was a case of retweet. The court, however, asked about the comments attached to it, saying it has added spice to the tweet. The counsel said she had already given clarification to it.
"The original tweet was retweeted by many others, she wrote about the Shaheen Bagh protestor, which is not the respondent," the counsel said.
"What do you say about your comments at pg. It is not a simple re-tweet. You added spice to what was said. It is the subject matter of trial," the bench said.
The counsel also expressed apprehension about the actor-turned-BJP MP's travel and appearance in a court in Punjab. The court said she may seek exemption from personal appearance as the trial court needs to see the complaint only.
On the court's suggestion, the petitioner's counsel finally withdrew the plea.
Ranaut challenged the High Court's rejection of her plea seeking quashing of a case against her for allegedly making defamatory remarks in connection with the 2020-21 farmers' protests.
The High Court had on August 1 dismissed her plea for quashing the complaint, filed by one, 73-year-old Mahinder Kaur from Bahadurgarh Jandian village in Punjab’s Bathinda district.
She challenged the summoning order issued by a Bathinda magistrate on February 22, 2022.
Kaur, in her complaint alleged that Ranaut had allegedly made “false imputations and remarks” against her by referring to her as the same “dadi”; namely Bilkis, who had been part of the Shaheen Bagh protest and featured in international media coverage, including 'Time' magazine.
Kaur further claimed that she had no connection to the Shaheen Bagh protester referenced in the tweet and that the comparison (by her) was incorrect, defamatory, and injurious to her reputation.
She filed the complaint against Ranaut under Sections 499 and 500 (Defamation) of the now-repealed Indian Penal Code (IPC).
Earlier the High Court, while dismissing Ranaut’s plea, noted that the magistrate had “duly applied mind to the material on record” before issuing the summoning order.
The High Court had held that the commission of an offence under Sections 499 and 500 of the IPC was prima facie established and that the filing of the complaint could not be considered mala fide.
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