
High court upholds summons to Kangana Rananut in ‘Rs 100' tweet defamation case
Justice Tribhuvan Dahiya, in a detailed 15-page order, said, "There are specific allegations against the petitioner who is a celebrity, that false and defamatory imputations by her in the retweet have dented the respondent's (Mahender Kaur) reputation and lowered her in her own estimation, as also in the eyes of others. Therefore, filing of the complaint to vindicate her rights cannot be termed mala fide."
Ranaut is accused of defaming 73-year-old Mohinder Kaur, a farmer activist, through a tweet during the height of the farmers' protests against the now scrapped farm laws in 2020.
Ranaut allegedly misidentified Kaur as Bilkis Bano of Shaheen Bagh fame and implied that such women could be hired to participate in protests for Rs 100.
"Such remark, prima facie proves that the intent of the accused was to paint the complainant as a person of dubious integrity who is protesting without any cause and just for financial gains," the high court observed.
Ranaut's counsel had contended that the trial court misconstrued provisions of Section 202 of CrPC and argued that she had only re-tweeted content by 'Adhivakta Gautam Yadav', who was not arrayed as an accused.
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The counsel pleaded that the retweet was made in good faith, without intent to harm Kaur's reputation, and in the absence of mens rea, the magistrate should not have proceeded. The order was passed on Feb 22, 2022.
Senior advocate G K Mann, representing the complainant, argued that there was no dispute that Ranaut herself made the defamatory on the face of it retweet, which contains serious allegations against Kaur's character.
Mann also said that Ranaut had shown no remorse or tendered any apology, suggesting intentional harm.
The bench concluded that the summoning order was passed after due application of mind to the facts and preliminary evidence. The court also noted that it was not the petitioner's case that the retweet was not made by her.
Regarding the complaint being filed solely against Ranaut, the judge observed, "Still further, because the respondent has filed a complaint only against the petitioner and not against the person to whom the original tweet has been attributed, in itself cannot be a ground to contend that the complaint is mala fide."
'Extra responsibility' on celebrities
"As she (Kangana) holds a position of influence over the masses, she has extra responsibility on her shoulders to verify the truthfulness of the remarks made by her. It is evident from the evidence led by the complainant that the accused (Kangana) made the impugned defamatory remark without going into the truthfulness... She even failed to tender any apology to the complainant after knowing the truth."
Justice Tribhuvan Dahiya
Complaint was filed in 2021
The defamation complaint was filed on Jan 4, 2021, by Mohinder Kaur of Fatehgarh Jandia village in Bathinda. Kaur initiated the case in Bathinda court against Ranaut for her tweet (which was later deleted) that identified Kaur as Bilkis Bano of Shaheen Bagh fame and claimed such women could be hired for protests for Rs 100. Kaur had provided evidence asserting that Ranaut's words had damaged her image. The farmer stated that her family, owning 12 acres of land, found the accusation of protesting for a mere Rs 100 intolerable.
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