Recently, in the matter of Kamaal Rashid Khan v Manoj Bajpayee the Supreme Court of India issued a notice in a transfer plea moved by Bollywood actor Kamaal R Khan in the defamation case filed against him by actor Manoj Bajpayee for calling him charsi/gangedi on his social media accounts.
Court also directed Manoj Bajpayee to file his reply within two weeks.
Case Brief:
In the said matter, back in the year 2021, Actor Manoj Bajpayee filed a defamation case against Khan for allegedly calling him a charsi/ganjedi (drug addict) on Twitter.
Later in December 2022, the High Court of Madhya Pradesh rejected Khan's plea seeking the quashing of the defamation case against him.
Last week local Indore Court issued an arrest warrant against Khan. Thereafter, Khan approaches the Supreme Court.
Counsel member of KRK mentioned that since both parties were residing in Mumbai, the Indore court has no jurisdiction. Therefore, he sought a transfer of the case to Mumbai. On the other hand, counsel for Bajpayee argued 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 had been felt throughout the country including Indore. By virtue of these facts, the Indore court had jurisdiction to hear the case, it was contended.
It was further argued that the magistrate has already passed a reasoned order, after taking cognizance of the case and had satisfied himself with the aspect of jurisdiction and convenience of parties.
Bajpayee's counsel alleged that Khan is a habitual offender for posting defamatory content against various celebrities, and has been prosecuted for such by various courts.
Counsel for Khan then prayed for an interim stay on the arrest warrants issued by the Indore court.
The Court refused the same and directed Khan to appear before the Indore court on the next date fixed for the hearing.
Website designed, developed and maintained by webexy