[MJ Abkar v. Priya Ramani] Case not filed against MP/MLA; Needs to be transferred: Delhi Court

Stating that the case is not "against" any MP or MLA, a Delhi Court which acts as a Special Court for MP/MLAs today opined that MJ Akbar's defamation case against Priya Ramani needs to be transferred. [MJ Abkar v. Priya Ramani].The Court has been hearing the matter for two years. .In terms of order passed by Hon’ble Supreme Court of India in Writ Petition (Civil). No. 699/2016 titled “Ashwani Kumar Upadhyay v. UOI and Anr”, special courts were created for the trial of the cases against Member of Parliament/Member of Legislative Assembly. In view of the aforesaid judgment the Hon’ble Court vide circular no. 760-804/DHC/Gaz./G-1/VI.E.2(a)/2018 dated, the 23rd February, 2018 designated the special courts for trial of the cases against MP/MLA. As the present matter is not filed against MP/MLA, hence, cannot be tried by this court and needs to be transferred to the Competent Court of Jurisdiction.the Court has stated. .Vishal Pahuja, Additional Metropolitan Magistrate, thus sent the defamation case to the District & Sessions Judge for issuance of appropriate directions. ."There has been direction from Supreme Court.. this case has to be placed before the learned District & Sessions Judge for directions..I am listing it for directions before the District & Sessions Judge.", he said today as the parties assembled for further hearing. .Sujata Kohli, District & Sessions Judge-Cum Special Judge (PC Act/CBI) acts as the administrative head of Rouse Avenue Court Complex. ."We are told that police at times does not enforce law due to pressure from legislators", Supreme Court on cases against MPs, MLAs.Recently, following the directions issued by the Supreme Court, the Delhi High Court had also set set up four more courts in the Rouse Avenue District Court to deal with cases against MPs/MLAs..Accordingly, to ensure equitable distribution of cases, certain case was transferred from Judge Pahuja to the newly established courts. .MJ Akbar's defamation case, however, did not feature in the transfer list. .Delhi HC initiates suo motu petition concerning the expedited trial of cases against MP/MLAs; Issues notice.In case a direction is passed to transfer the case to a non-Special MP/MLA Court, the proceedings would go back to the stage of final arguments. .In October 2018, MJ Akbar had filed a criminal defamation complaint against journalist, Priya Ramani after she took to twitter to level allegations of sexual misconduct against him..Today, the case was listed for rebuttal by counsel for MJ Akbar..Appearing for Akbar, Senior Advocate Geeta Luthra has contended that due process was not followed when Ramani made the allegations against MJ Akbar, a man of stellar reputation, on social media. She argued that the nature of the allegations was such that they were pre se defamatory..Priya Ramani's tweets, Vogue article were her truth: Rebecca John makes final arguments against MJ Akbar’s defamation case [LIVE UPDATES] .In response, Ramani has pleaded truth, good faith, public interest and public good as her defence in the defamation trial. .I deserve to be acquitted: Senior Advocate Rebecca John concludes submissions for Priya Ramani in MJ Akbar defamation case.Appearing for Ramani, Senior Advocate Rebecca John argued that considering the avalanche of disclosures against MJ Akbar, there was no evidence to prove that Akbar had a stellar reputation. .Read the Order:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.