Bhubaneswar: Telangana Police’s morning swoop to arrest superstar Allu Arjun saw the star hiring top and costliest senior SC counsels – Niranjan Reddy and Ashok Reddy – who were known for having outstanding record in securing bail for their clients.
The Telangana police have done their home work before arresting Allu Arjun.
As the scene of action shifted to the court room of Telangana High Court, when the bench asked what the specific charge is, the Public prosecutor (PP) said,
“Knowingly, the actor went there, knowingly very well that some untoward incident would happen, he went there, when police had instructed the actor not to go there after seeing the crowd turnout. The accused showed sheer negligence in showing precautionary measures to take adequate arrangements.”
The crux of the court room scene by Telangana police has been that …
PP says, “Accused cannot file an interlocutory application (in quash petition) and get an interim bail. With due respect, I want to mention, Petition was moved at 2:30pm, lordships need to grant some time. There is no urgency, take up Monday as first case.”
A glance at the Public Prosecutor’s arguments shows that Telangana Police is making a case that star Allu Arjun ‘intentionally’ triggered this stampede like situation to promote/market his film Pushpa 2 The Rule on the release day, in order to showcase the film’s popularity across.
HOW TOP LAWYERS WIN THE CASE FOR ALLU ARJUN?
Joining the strong arguments by Public Prosecutor, top SC lawyer Niranjan Reddy argued, I request Public Prosecutor to hear my arguments, his questions will be answered.
Telangana Police have charged Allu Arjun with the following sections.
- Section 106(BNS) – causes death of any person by doing any rash or negligent act not amounting to culpable homicide. Punishment – 5 years.
- Section 105 (BNS) – Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death. Punishment – Up to 10 years
- Section 118 (BNS) – Voluntary causing hurt or grievous hurt by dangerous weapons.
The actor’s lawyers argued the following.
- In Section 105, the ‘essential ingredient’ is ‘the intention to cause death or bodily injury’, which was not present in the present case.
- The actor’s advocate specifies - there has to be intention, there has to be knowledge, bodily injury, which is proved by the First Information Report (FIR) filed, as nothing about this is mentioned in the FIR.
- He argues – dying of suffocation shows no intention, only negligence.
- The SHO instruction, as mentioned by PP, didn’t talk about likely death.
- Therefore, this case will be a case of ‘Death by negligence’
- And in this case, is anybody doing any rash or negligent act?
- Section 118 doesn’t apply as it mentions use of ‘Dangerous Weapon’
- Which is not so in the present case.
SHAHRUKH TO THE RESCUE OF ALLU ARJUN
Now, the counsel for the actor quoted the 23.01.2017 August Kranti Rajdhani Express incident at Vadodara in Gujarat.
The counsel said, “There was an incident in 2017 when Shah Rukh Khan was on a train journey to promote his film ‘Raees’ He threw T-shirts and balls at the station which lead to stampede. Case was filed. Gujarat HC didn’t held Shah Rukh Khan criminally liable.”
He argued, “If despite an act by SRK that led to stampede, HC and SC didn’t held him criminally liable, How can be Allu Arjun, who simply paid a visit to Sandhya Theatre after duly informing.”
FLASHBACK: In 2017, Bollywood Superstar for promoting " Raees" had undertaken a train journey from Mumbai to Delhi.
- When the train had stopped at Vadodara Railway Station at Platform No. 6,
- Where huge crowd of fans had gathered to see SRK,
- He threw 'smiley balls' and 'T- shirts' in the crowd
- Leading to a scuffle in the crowd over catching the same,
- Resulting into a stampede, injuring many.
- 1 died of cardiac arrest, due to high rush and stampede.
HOW SRK GOT AWAY?
As per the investigation report narrated by Public Prosecutor in Gujarat HC,
- There is no material found in the investigation report that could show any act on part of the SRK endangering human life or public safety or would be proximate cause for the death of the person concerned.
GUJARAT HC ORDER ON SRK
As per the HC order,
- This Court notes that the petitioner herein is an Actor
- And he was at the relevant time promoting his upcoming movie.
- The permission of the railway authorities had been sought for,
- And the said permission had been granted.
- The petitioner upon seeing the crowd at the relevant point of time had waved and threw 'smiley balls', 'T shirts' as part of promoting the movie in question.
- As rightly submitted by the learned Public Prosecutor for the State, such acts on part of the petitioner could not be stated to be acts of a very high degree of negligence or recklessness, which would attract the rigors of offence punishable under the sections of 336, 337 and 338..
- The investigation/ inquiry report submitted talks about other intervening circumstances which had led to some unruly incident at the Railway Station.
SUPREME COURT ON SRK CASE
When the HC order was challenged in SC, the bench of justices Ajay Rastogi and CT Ravi Kumar in 2022 asked,
“What was the fault of this man (Shah Rukh Khan)?
Just because he is a celebrity, it doesn’t mean he has no rights,” it remarked and refused to review the Gujarat HC order that quashed the criminal case against SRK.
The Apex court said Khan could not be expected to ensure everyone’s safety or provide personal guarantee while travelling by train. “If somebody travels by train, there is no personal guarantee. A celebrity has equal rights like every other citizen of the country,” the order emphasised.
The bench then added: “He (Khan) is a celebrity but that doesn’t mean he can control everyone else. Let us focus on more important subjects that deserve attention and time of this court.
BOTTOMLINE: This case of King Khan has come to the rescue of superstar Allu Arjun, where SC had a clear ruling.
