Judicial process should not be used to harass someone because accused is celebrity: HC
Observation were made while quashing case against Salman Khan
Mumbai(PTI): Judicial process need not be a means of needless harassment merely because an accused is a celebrity, the Bombay High Court has said in its order quashing criminal proceedings against Bollywood actor Salman Khan in a complaint of intimidation filed by a journalist in 2019.
Justice Bharati Dangre on March 30 allowed applications filed by Salman Khan and his bodyguard Nawaz Shaikh and quashed the proceedings and process (summons) issued to them by a lower court.
In the detailed order that became available on Tuesday, the HC noted that the magistrate's court had failed to follow the procedural mandate before issuing summons.
"The judicial process need not be a means for needless harassment merely because the accused is a well-known celebrity and without adhering to the procedure of law, he shall not be subjected to unnecessary oppression at the hands of a complainant, who set in the machinery into motion to satisfy his vendetta and assumed that he was insulted by the cine star," the order said.
This was a fit case where the "issuance of process against the applicants (Salman Khan and Shaikh) and continuation of the proceedings is nothing short of abuse (of) the process", the judge added.
"...and for doing substantial justice, I deem it appropriate to quash the impugned order," the court said. Justice Dangre also stated in the judgement that continuation of any action against the applicants would result in grave injustice.
The magistrate should have first recorded the statement of the complainant to verify his allegations, said the high court.
The lower court surpassed the procedure laid down under the Code of Criminal Procedure (CrPC) while issuing the summons and it "suffers from serious infraction of procedure" to be adopted when a private complaint is filed, the HC added.
A magistrate's court had in March 2022 issued summons to Salman and his bodyguard Nawaz Shaikh, directing them to appear before it on April 5, 2022.
The order was passed on a complaint by a journalist Ashok Pandey alleging that he was threatened and assaulted by the actor and his bodyguard. Khan moved the HC challenging the summons. On April 5, 2022, the HC stayed the summons.
Pandey had alleged that in April 2019, Salman Khan and Shaikh abused and assaulted him for filming the actor while Khan was riding bicycle on a Mumbai street.
Khan in his petition claimed that he had not said anything to Pandey during the incident.
But Metropolitan Magistrate R R Khan issued summons, noting that a police report submitted in the matter stated that offences under Indian Penal Code sections 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) were made out against the accused.
A magistrate's court issues summons if it finds prima facie substance in the allegations made in a complaint.
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FIR against five students of Pune law college for ‘ragging’ junior
Pune (PTI): Police have registered a case against five students of a reputed law college in Pune for allegedly ragging a junior, more than a year after he first approached the institution authorities with a complaint.
A first information report (FIR) was registered on Saturday against the students under the Maharashtra Prohibition of Ragging Act at Deccan police station, officials said on Sunday.
While the college initially investigated the matter, the complainant was not satisfied. He escalated it through the University Grants Commission's (UGC) anti-ragging mechanism and made repeated follow-ups, as per the FIR.
The complainant, then a first-year LLB student, alleged sustained mental harassment, intimidation and ragging inside the hostel. The accused were a year senior to him.
According to the FIR, the harassment began after he objected to smoking on the premises. He alleged repeated verbal abuse and psychological harassment, including being locked in his room, eggs being thrown at his door and gutka being spat outside.
He also claimed loud music was played at night to disturb him and that he was at times restricted from moving freely in the hostel, including accessing the washrooms. The student said the incidents led to social isolation, severe mental distress and affected his academic performance.
College authorities said the matter dates back to 2024 and arose from disputes among hostel residents. They said the institute acted in accordance with UGC anti-ragging guidelines after receiving the complaint. A detailed report was also submitted to the UGC, they said.
“The institute’s anti-ragging committee conducted a probe, but prima facie, no evidence of ragging was established. Since the allegations were not substantiated, no action was warranted. Had any instance of ragging been proved, immediate disciplinary action would have been taken,” the authorities said.
The student first approached the college in October 2024 and later contacted the UGC anti-ragging helpline. Since he was not satisfied with the internal inquiry, he pursued the matter with supporting documents, following which the case was registered, according to the police.
A senior police official said the case was registered after taking cognisance of the facts placed before them.
“The investigation is in progress, and due legal procedure will be followed. Further action will be taken based on the findings,” he said.
