The Supreme Court recently rejected a plea filed by actor and producer Kamaal R Khan seeking transfer of the defamation case filed against him by actor Manoj Bajpayee, from Indore to Mumbai.
A bench of Justices AS Bopanna and Dipankar Datta stated that it saw no reason to accept such a request.
The Court said that, “Heard learned counsel for the petitioner as also learned counsel for the respondent and perused the petition papers as also the reply filed to the transfer petition along with the documents enclosed. Considering that the complaint has been initiated at a place where it is alleged that the complainant had knowledge of the defamatory tweets, we see no reason to accept the request for transfer.”
Therefore, the bench, disposed of the transfer plea moved by Khan.
Previously, Bajpayee filed the case after Khan termed him a charsi/ganjedi (drug addict) in his tweets in 2021.
Further, Khan moved to the Supreme Court contending that the case pending before a court of the Judicial Magistrate, First Class, at Indore in Madhya Pradesh be transferred to the court of the Chief Judicial Magistrate at Mumbai in Maharashtra.
Last month, Single-judge Justice Aravind Kumar issued notice in the matter and directed Bajpayee to file his reply within 2 weeks.
On December 13, 2022, the Madhya Pradesh High Court dismissed Khan’s plea seeking quashing of the case against him.
As per media reports, last month, an Indore court issued an arrest warrant against Khan. This prompted Khan to move to the Supreme Court.
Previously, during the last hearing, counsel represented Khan for pointing out that since both parties were residing in Mumbai, the Indore court had no jurisdiction.
Counsel for Bajpayee pointed out that the entire cause of action arose in Indore, the witnesses who have deposed before the magistrate are residents of Indore, and the effect of the tweets was felt throughout the country including Indore.
Pertinently, Bajpayee contended that Khan didn’t approach at the Court with clean hands, having suppressed the fact that the ground of jurisdiction have already been rejected by the High Court.
Further, It had been argued that the magistrate had already passed a reasoned order after taking cognizance of the case, and satisfied himself with the aspect of jurisdiction and convenience of parties.
Bajpayee’s counsel stressed that Khan is a habitual offender for posting defamatory content against various celebrities, and has been prosecuted for such statements by various courts. However, Counsel for Khan prayed for an interim stay on the arrest warrants issued by the Indore court, which was refused.
