Delhi HC Transfers Barkha Dutt's Criminal Case Against Kapil Sibal To Special Court For MP/ MLA

In its order dated November 2, a single-Judge Bench of Justice Anup J Bhambhani said,

".. considering that one of the respondents/proposed accused in the case is a sitting MP, let criminal complaint case being CT No. 9933/2019 (old CC No. 395/1/2019) be transferred from the court of the learned Metropolitan Magistrate, Patiala House Courts, New Delhi to the court of learned District & Sessions Judge, RADC, New Delhi, for assignment to the concerned Special Court set-up for dealing with criminal cases against sitting MPs forthwith."

The transfer shall be given effect within 7 days.

The present transfer petition pertained to the case filed by Barkha Dutt against Analog media, which is owned by Senior Advocate and Congress leader Kapil Sibal and his wife, for sacking employees of Tiranga TV employees without any pay or notice period.

Dutt had argued in her complaint that over 200 employees of Tiranga TV were sacked by the Sibals without honouring the terms of the contract. She has claimed a sum of Rs 74 lacs as compensation for such arbitrary action.

The transfer petition was filed in light of an order dated 16/03/20 passed by the District & Sessions Judge, Patiala House Court, recording that:

'A criminal complaint was filed against a sitting Member of Parliament along with other persons before the learned Metropolitan Magistrate, Patiala House Courts, New Delhi; but that since there is a designated court to try cases relating to MPs/ MLAs at Rouse Avenue District Courts, New Delhi, the complaint requires to be transferred to that court.'

Since transfer of the case from Patiala House Courts to Rouse Avenue District Courts would be an inter-Sessions Division transfer, the matter had to be listed before the High Court under section 407 of the Criminal Procedure Code.

Case Title: Barkha Dutt Media Pvt. Ltd. v. Analog Media Pvt. Ltd. & Ors.

Appearance: Advocates Raghav Awasthi and Mukesh Sharma (for Petitioner)

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