The Supreme Court on Friday declined to entertain a petition filed by actress and BJP MP Kangana Ranaut, seeking to quash a criminal defamation complaint filed against her for a tweet related to a participant in the 2021 farmers’ protests.
The bench, comprising Justices Vikram Nath and Sandeep Mehta, heard the matter but refused to interfere at this stage.
Court Questions Ranaut’s Comments On Social Media
As soon as the case was taken up, Justice Mehta raised concerns about the nature of the tweet. “What about your comments? It was not a simple re-tweet. You have added your own comments. You have added spice,” the judge observed, indicating that Ranaut’s post went beyond sharing content.
Ranaut’s counsel submitted that she had clarified her remarks. In response, Justice Mehta noted, “Clarification can be given before the trial court.” The counsel mentioned logistical concerns, stating, “The situation is such that I can’t travel in Punjab.” The bench advised that the petitioner could seek exemption from personal appearance if necessary.
The Court cautioned that further arguments could invite adverse remarks affecting her defence. “Don’t ask us to comment on what is written in the tweet. It may prejudice your trial. You may have a valid defence,” Justice Mehta warned.
Petition Dismissed As Withdrawn
After the bench suggested that the petitioner withdraw her plea, the petition was dismissed as withdrawn without further discussion on merits.
Background
The complaint against Ranaut stemmed from a tweet in which she retweeted a post along with her own comment targeting elderly farmer Mahinder Kaur, stating, “She is the same dadi who featured in Time magazine for being the most powerful Indian… And she is available in 100 rupees.” The post erroneously linked Kaur to Bilkis Dadi, a protester associated with the Shaheen Bagh protests, implying that protestors were being paid to participate.
Following an inquiry, the Magistrate found that the tweet was indeed posted by Ranaut and that the allegations made in the complaint prima facie constituted the offence under Section 499 of the Indian Penal Code.
Ranaut’s earlier plea before the Punjab and Haryana High Court seeking to quash the proceedings was rejected. Her argument that the tweet was made in good faith and without mens rea was dismissed. The court referred to the 9th and 10th Exceptions under Section 499 IPC, which protect statements made in good faith for public interest or the benefit of another person, but found that these were not applicable in this case.
The Court further clarified that while the Magistrate could examine whether the exceptions applied, failure to do so would not automatically invalidate the process. It also dismissed the argument that the complaint was motivated by malice simply because it was filed only against Ranaut and not against the originator of the tweet.
Twitter’s Role Clarified
The Court addressed the issue of Twitter’s involvement, stating that the absence of a report from Twitter Communications India Pvt. Ltd. (TCIPL) confirming that the tweet originated from Kangana could not strip the Magistrate of jurisdiction under Section 202 of the Criminal Procedure Code (CrPC).
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