The judge dictated a long order after Hade's counsel Rafique Dada and Rakhee Gulzar's lawyer Harish Jagtiani with Tejas Bhatt finished their arguments. The certified copy of the order was unavailable till late evening.The criminal proceedings were initiated following a complaint filed by Rakhee alleging that Hade had misbehaved with her when she had approached him for renewal of her passport. She alleged that Hade, taking advantage of his position, asked her indecent questions. The complaint was registered by the Bhoiwada magistrate and process summons against Hade were issued. Hade then moved the high court for quashing of these proceedings.
Earlier, Dada argued that the actress made the complaint against Hade only after she was made aware of the forgery committed in her passport. Justice Pandya clarified that counter allegations levelled against Rakhee had no relevance in deciding whether Hade committed the offence or not. He, however, added that these issues could be tried in the magistrate's court and that it was not possible to thrash out each point at this stage.
The judge also observed that contrary to the contention of counsel Rafique Dada, the magistrate was within his judicial rights to issue process summons to Hade without referring the matter to police. The judge also did not entertain Hade's argument that a sanction was needed from the Central Government before he could be prosecuted. He said since the alleged offence was not committed within the course of Hade's duty, no such sanction was needed.
During the last hearing, Justice Pandya had advised the two litigating parties to sort the matter out amicably. However, the two parties do not seem to have arrived at any such agreement.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.