Zee Media Will Not Examine Witnesses In Defamation Case Against Mahua Moitra Until Feb 18, Delhi High Court Takes Statement on Record

Replying to an early hearing application filed by Trinamool Congress' Mahua Moitra before the Delhi High Court today, Zee Media Pvt Ltd has submitted that it will not examine witnesses in the matter until February 18, which is the next date of hearing before the High Court.The single judge bench of Justice Mukta Gupta was hearing an application filed by Moitra in her petition seeking a stay on the defamation case against her by Zee Media. Moitra has also sought quashing of the summons issued to her in Zee's defamation case.Sr. Adv. Kapil Sibal appearing for Moitra submitted before the court that the case was listed for hearing before the trial court tomorrow, i.e. Jan 8, and therefore Moitra's challenge needed to be preponed for hearing in the Delhi High Court.Arguing against the preponement, Sr. Adv. Vijay Aggarwal, appearing for Zee Media Pvt Ltd submitted that no preponement was required in the matter as they would not begin recording of evidence through witness examination until Feb 18. He further submitted that the Court could take this statement on record.Taking on record Aggarwal's statement, Justice Mukta Gupta disposed off Moitra's early hearing application. The court noted that on the previous hearings as well, Aggarwal had taken the same stand and therefore no interim orders had been passed.Filed by Mahua Moitra, the present petition seeks quashing of the summoning order dated Sep 25, 2019 passed by an Additional Chief Metropolitan Magistrate in a criminal defamation case filed against her by Zee Media.Moitra has also challenged the order dated Jan 10, 2020 whereby the ACMM had framed notice against her by noting that a Magistrate does not have power to discharge an accused in a summons triable case.In addition to these, the petition has asked the court to exercise its powers under Article 227 of the Constitution to issue practice directions to the subordinate courts in relation to exercise of powers under Section 251 of the Criminal Procedure Code to discharge an accused in a summons triable case instituted on a complaint.Moitra has argued that the Trial Court had not considered the fact that the alleged defamatory statements, calling Zee Media 'chor', were in the form of a fair retort to the constant haranguing by the reporters of Zee Media. The controversy pertains to a speech given by Moitra on the floor of the Parliament which was claimed by Zee's Sudhir Choudhary, to be plagiarised.

Zee Media Will Not Examine Witnesses In Defamation Case Against Mahua Moitra Until Feb 18, Delhi High Court Takes Statement on Record

Shreya Agarwal

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