Punjab and Haryana HC grants interim anticipatory bail to ‘Taarak Mehta Ka Ooltah Chashmah’ actor Munmun Dutta

Tribune News Service

Saurabh Malik

Chandigarh, February 4

The Punjab and Haryana High Court on Friday granted interim anticipatory bail to actor Munmun Dutta in a case alleging the use of an objectionable term for “herself”. Justice Avneesh Jhingan of the High Court asserted it would be a debatable issue whether the use of an objectionable term for describing herself would itself be enough to fall within the ambit of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

“This court exercises self-restrain from saying that ‘prima facie’ the provisions of Act are not applicable, as it may affect the investigation and the trial,” Justice Jhingan asserted. Referring to a plethora of Supreme Court judgments, Justice Jhingan added it would not be appropriate at the current stage for the High Court to hold a mini trial to conclude whether the offence under Section 3 of the SC&ST Act was made out. “It would not be a stage to dilate as to whether a loosely used term would be enough to bring the issue within the teeth of the provisions of the Act”.

Best known for her portrayal of Babita Iyer in Hindi serial “Taarak Mehta Ka Ooltah Chashmah”, Dutta had moved the court for anticipatory bail through counsel Ruchi Sekhri in an FIR registered in May last year under Sections 3(1)(u) of the Act at city police station in Hansi district. Four FIRs, registered for the same incident, were clubbed with the present case after a petition was filed in the Supreme Court.

Justice Jhingan asserted the petitioner was related to media and used the objectionable term in a video. As per the contention raised, the objectionable term was used by the petitioner for herself and not for any other person belonging to any particular community.

“In the event of her arrest, she shall be released on bail subject to her furnishing adequate bail bonds to the satisfaction of the Investigating Officer. She is directed to join the investigation as and when called for. She shall be bound by the conditions as envisaged under Section 438(2) CrPC,” Justice Jhingan added, while fixing the case for further hearing on February 25.

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