The court also said that Nanda (R) had not lodged a report immediately after the alleged incident for own benefit.
MUMBAI: In a 15-page order allowing actor Alok Nath's plea for pre-arrest bail in a rape case filed by writer-director Vinta Nanda, a sessions court has observed that "the possibility cannot be ruled out that he has falsely been enroped in the crime."
The court said it was to be noted that while Nanda remembered the entire incident, she did not remember the date and month in which it happened. "In view of all these facts the possibility cannot be ruled out that the applicant has falsely been enroped in the crime," judge SS Oza said.
Nanda filed a case in October 2018 after she first publicly alleged, when the #MeToo movement gained momentum in India, that the actor had raped her more than once 19 years ago. Referring to the delay in registering the FIR, the court said there was no period of limitations prescribed for offences punishable under Sections 376 (rape) and 377 (unnatural sexual offences) of the Indian Penal Code. However, the court said there was nothing on record to show Nath threatened her or made any promise for not lodging a report, the report showed Nanda had not lodged the report immediately after the alleged incident for her own benefit.
"So far as the reason to delay in lodging the FIR is concerned, the complainant stated in the report itself that she consulted with her friends regarding lodging of report but they told her that applicant is a big actor and her all companies (sic) were already shut, therefore no one would believe her story, hence she did not file complaint against the applicant," the court observed.
2018: The Year When #MeToo Shook India
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2018 saw the rise of the #MeToo movement in India. Inspired by a global campaign against sexual harassment and assault, women across the spectrum opened up and shared their stories about abuse by men in positions of power. And it began in October with actress Tanushree Dutta accusing actor Nana Patekar of sexual harassment while shooting for the 2008 film 'Horn Ok Please'.
What followed was a series of posts by other women who shared their experiences with the world. From actors, film directors to advertising top guns, artists and writers and politicians, women professionals called out obnoxious behaviour at the workplace. From unwanted attention in the office to sexual innuendos on the film set, there were many kinds of allegations that surfaced.
While some of these are still struggling in the industry amidst the allegations, some succeeded in getting a clean chit from authorities. Recently, rumours surfaced that Patekar has been given a clean chit. However, the 'Aashiq Banaya Aapne' actress quashed the rumours. However, director Vikas Bahl, who was one of the prime accusees, has been set free from all charges against him. The internal complaints committee of Reliance Entertainment, today, set the 'Queen' director free, who was accused by an employee of Phantom films under the #MeToo movement.
(In Pic: From top left, Nana Patekar, Aditi Mittal, Subhash Ghai, Anirban Das Blah. From bottom left, Alok Nath, Sajid Khan, Jatin Das, Vikas Bahl)
2018 saw the rise of the #MeToo movement in India. Inspired by a global campaign against sexual harassment and assault, women across the spectrum opened up and shared their stories about abuse by men..
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Former actress Tanushree Dutta in September accused Nana Patekar of sexually harassing her during the shooting of their 2008 film 'Horn Ok Pleassss'. Dutta went on to say that she had brought up the complaint 10 years ago when the incident occurred, but no action was taken.
The actress also said that she was supposed to do a solo number for the film, but Patekar decided to join in and perform intimate dance steps that made her uncomfortable.
Patekar denied the allegations and sent a legal notice to the actress, who filed a police complaint against the actor and the film's choreographer Ganesh Acharya, producer Samee Siddiqui and director Rakesh Sarang.
Meanwhile, Rakhi Sawant who had replaced Dutta in the song for the film, then accused her of taking drugs on the set. Dutta slapped a Rs 10 crore defamation suit against Sawant.
(In Pic: On the left Nana Patekar, on the right is Tanushree Dutta)
Former actress Tanushree Dutta in September accused Nana Patekar of sexually harassing her during the shooting of their 2008 film 'Horn Ok Pleassss'. Dutta went on to say that she had brought up the ..
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Alok Nath, known for his popular on-screen portrayals, found himself in the midst of the #MeToo controversy after writer-director Vinta Nanda accused him of rape. Actress Sandhya Mridul also alleged that he had made sexual advances towards her during a shoot.
Nanda had alleged that the actor had raped her 19 years ago. Nath, however, refuted the allegations and filed a civil defamation suit against Nanda. Nath's wife Ashu had also recorded her statement in court against Nanda and sought defamation against the writer-director.
Mridul, while slamming Nath for causing agony, praised Tanushree Dutta and Vinta Nanda for their courage to come forward and urged others to not be ashamed and ‘keep this fire going.’
(In Pic: From the left, Vinta Nanda, Alok Nath and Sandhya Mridul)
Alok Nath, known for his popular on-screen portrayals, found himself in the midst of the #MeToo controversy after writer-director Vinta Nanda accused him of rape. Actress Sandhya Mridul also allege..
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On October 6, hours after Anurag Kashyap, Vikramaditya Motwane, Madhu Matena and Vikas Bahl announced the decision to dissolve their production house Phantom Films, director Bahl was accused of sexual harassment by a former employee.
The victim who had worked on the production house's film 'Bombay Velvet' recalled her ordeal with Bahl in 2015. Soon after, Kashyap and Motwane went on record to say that they were informed about the allegations by the employee and detailed the backdoor deliberation that took place in order to punish their partner. Their statement led to Bahl filing a Rs 10 crore defamation suit against them. The 'Queen' director also demanded interim action from the court seeking to restrain Kashyap and Motwane from making statements against him to media or through social media.
While the woman had earlier refused to take any legal action saying that she stands by her claims, the former partners continued to fight it out in court.
However, today, the director was set free of the allegations against him.
(In Pic: Top left is Vikas Bahl, top right is Vikramaditya Motwane, bottom left is Anurag Kashyap, bottom right is Kangana Ranaut)
On October 6, hours after Anurag Kashyap, Vikramaditya Motwane, Madhu Matena and Vikas Bahl announced the decision to dissolve their production house Phantom Films, director Bahl was accused of sexua..
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Sajid Khan had to step down from 'Houseful 4' after multiple allegations of sexual impropriety surfaced against the Bollywood director. His close friend and aide in Bollywood, Akshay Kumar also chose to not support him and decided not to shoot if Khan was on-board.
On October 11, an aspiring actress, Saloni Chopra had posted a detailed account of the harrowing time she had with Khan.
A freelance journalist also claimed that Khan had exposed himself when she was interviewing him in the early 2000s. After the allegations, Khan stepped down from the upcoming comedy 'Housefull 4'. The movie, produced by Sajid Nadiadwala and being distributed by Fox Star Studios, is the latest entry in a franchise that began in 2010. Khan has directed two of the previous three films.
Priyanka Bose, who has acted in critically acclaimed films including 'Lion', 'Gulaab Gang', and 'Half Ticket' among others, opened up about the incident that allegedly took place when Khan had called her for an audition. She detailed the incident and shared that soon after when she narrated the incident to her partner, he asked him to quit right away. She has been quoted as saying, “He called me for an audition. The text from his assistant read, “Should be comfortable in a bikini.” When I landed up with the required clothing, no sides were given.”
Mandana Karimi alleged that Khan made inappropriate remarks when she visited his office to discuss a role in his 2014 film 'Humshakals'. The actress said that Khan had asked her to remove her clothes, in order for her to get the part.
(In Pic: Top left Sajid Khan, top right Saloni Chopra, bottom left Priyanka Bose, bottom right Mandana Karimi)
Sajid Khan had to step down from 'Houseful 4' after multiple allegations of sexual impropriety surfaced against the Bollywood director. His close friend and aide in Bollywood, Akshay Kumar also cho..
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An actress accused director Luv Ranjan of harassing her in 2010. While Ranjan denied the allegations, she claimed that he had asked her to strip at the audition of 'Pyaar Ka Punchnama'. Ranjan responded to the allegations by issuing a statement in which he said, “This has probably been the longest day of my life. Since the time I have read the allegations, I have been wanting to react to them. I have been wanting to shout out loud that everyone has gone mad. I have been wanting to scream that I am not this man. I have been wanting to clear my name. Friends and Family have shown great support, support that has made me indebted to them for life.
Iranian model-turned-actress Mandana Karimi, who had earlier accused filmmaker Sajid Khan, also alleged sexual misconduct allegations on 'Kya Kool Hain Hum 3’ director Umesh Ghadge. She said that while she was already selected for the part by producer Ekta Kapoor, Ghadge kept saying that he did not want her in the film.
(In Pic: On the left, Luv Ranjan and on the right Umesh Ghadge)
An actress accused director Luv Ranjan of harassing her in 2010. While Ranjan denied the allegations, she claimed that he had asked her to strip at the audition of 'Pyaar Ka Punchnama'. Ranjan respon..
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Writer-lyricist-comedian Varun Grover was accused of ‘touching’ a fellow student inappropriately while studying at IT-BHU, Varanasi in 2001. Grover refuted the anonymous accusation that surfaced on Twitter and called it completely “misleading” and “defamatory”. The lyricist denied being ‘involved in any such incident with anybody’ in his entire life. The 'Sacred Games' writer also mentioned that he supports the #MeToo movement and called his case an isolated small one in a bigger wave.
An assistant director in Bollywood accused Sham Kaushal (actor Vicky Kaushal's father) of showing her a pornographic clip on his phone during an outdoor shoot in 2006. Two other film professionals also accused the action director of sexual misconduct in the past. Following the allegations, Kaushal issued an 'unconditional apology' for “unintentionally causing any hurt or anguish”. Actor, writer, poet Piyush Mishra was also accused of sexual harassment.
A former newspaper staffer had accused actor Mishra of inappropriate behaviour during a party but the writer-director said he was probably a "few drinks down" and apologised for having made the "lady uncomfortable". Mishra said in his response that he had read the allegations made about him and forwarded to him by a few journalists. "I do not remember the stated incident as I was probably a few drinks down. But nevertheless I would like to extend my apology for making the lady uncomfortable either with my words or actions".
(In Pic: From the left, Varun Grover, Sham Kaushal, Piyush Mishra)
Writer-lyricist-comedian Varun Grover was accused of ‘touching’ a fellow student inappropriately while studying at IT-BHU, Varanasi in 2001. Grover refuted the anonymous accusation that surfaced on..
Read More
Casting director Mukesh Chhabra, who was all set to make his directorial debut with the Hindi remake of 'The Fault in our Stars', was suspended from the film over sexual harassment allegations by multiple women.
In a statement released by the production house, Fox Star Studios, said till the time Mukesh Chhabra Casting Company concludes its inquiry into the allegations, the director would remain suspended.
Four aspiring actors had also accused Chhabra, and another casting director Vicky Sadana, of harassing them during the audition.
(In Pic: On the left Mukesh Chhabra, and on the right is Vicky Sadana)
Casting director Mukesh Chhabra, who was all set to make his directorial debut with the Hindi remake of 'The Fault in our Stars', was suspended from the film over sexual harassment allegations by mul..
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AIB originators Tanmay Bhat and Gursimran Khamba made news after the comic group were hit by charges of lewd behaviour against individuals. Bhat was pulled up for inaction against essayist-entertainer Utsav Chakraborty. AIB had issued an announcement sentencing Chakraborty and vowed to not work with him in future.
Soon after, video streaming service Hotstar announced that it was cancelling the production of the third season of 'On Air with AIB'.
(In Pic: From left, Utsav Chakroborty, Tanmay Bhat and Gursimran Khamba)
AIB originators Tanmay Bhat and Gursimran Khamba made news after the comic group were hit by charges of lewd behaviour against individuals. Bhat was pulled up for inaction against essayist-entertaine..
Read More
It was not just the men who were at the centre of the #MeToo row. Kaneez Surekha (right) accused fellow comedian Aditi Mittal (left) of sexually harassing her when she had hosted a comedy show in Mumbai two years ago. Kaneez said that Aditi had kissed her without consent and later tried to gaslight her by saying it never happened.
The comedian also explained how she was triggered to tell her story because Aditi, she felt, was being championed by many on social media for voicing her support towards the movement.
It was not just the men who were at the centre of the #MeToo row. Kaneez Surekha (right) accused fellow comedian Aditi Mittal (left) of sexually harassing her when she had hosted a comedy show in Mum..
The court also said since both the accused and complainant were married (separately), a medical examination would be a mere formality and no useful purpose would be served by it. It said the actor's custodial interrogation was also not necessary. "It is to be noted that (the) incident took place at the house of (the) complainant, therefore no possibility to destroy the evidence," the court said.
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The order said while Nanda had sent a detailed police complaint in writing on October 17, 2018 for registration of FIR, on the basis of a second report dated November 20, 2018, the FIR was registered against Nath. The court said prima facie, it was revealed that there is some variance in the two complaints. "However, whether same would amount to omission or contradiction is a matter of trial," the court said.
During arguments for relief, Nath's lawyer had contended that perhaps the complainant's allegations were inspired by the unrequited and unreciprocated love and affection she had for the actor. The court said there was nothing on record to show Nath threatened Nanda or made any promise for not lodging a report. Opposing his anticipatory bail plea, Nanda's advocate had told the court that being ultra-modern and having alcohol did not give Nath the right or licence to rape and brutalise. Further, it was said the first complaint filed by her was only a cover letter with an attachment of a photocopy of the post she had put up on Facebook on October 8, 2018. She said while her post took only about five to ten minutes, the statement recorded by police was in detail and took about five hours. "The details provided to the police are the same as what was written in the complaint. It could be that that during translation of her statement from English or Hindi to Marathi, those details were omitted and overlooked," she said regarding Nath's allegations of discrepancies in statements. Nanda also alleged Nath was making false and vague remarks to mislead the court and the attempt was to ruin her character and image.
Granting anticipatory bail on a surety of Rs5 lakh, the court said Nath was not to visit the vicinity of Nanda's house. "He shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected," the court said.
