Lawstreet Journal

‘SC Directions Points towards Expediting All Cases involving (MP’s/MLA’s)- Delhi HC in MJ Akbar Criminal Defamation Case [READ ORDER]

Lawstreet Journal 27 Oct 2020 11:30pm

Image courtesy: Lawstreet Journal Judiciary ‘SC Directions Points towards Expediting All Cases involving (MP’s/MLA’s)- Delhi HC in MJ Akbar Criminal Defamation Case [READ ORDER]

The Delhi High Court recently denied transferring the criminal defamation case of MJ Akbar in another court. The matter came before the court when the Additional Chief Metropolitan Magistrate told both the parties of the case that it is no more competent to try the case. 

The ACMM said this because of the directions passed by the Supreme Court in Ashwini Upadhyay case in which it was stated that the special court for MP/MLA cases can only hear matters which are filed against the legislators and not by the legislators. 

While denying the transfer of case the court noted that the Supreme Court's directions in Ashwani Upadhyay case refer to expediting all cases involving legislators, and not just cases filed against them. 

Senior advocate and counsel for MJ Akbar, Ms. Geeta Luthra opposed the transfer of case and contended that “Going by the underlying object of the said order of Hon’ble Supreme Court i.e. to clear the names of the MP/MLAs involved in any criminal cases or in any accusations of moral turpitude, the said case also deserves a priority to be tried by a designated Court.”

She further contended that “even though the word used in the notification, is, with respect to cases pending ‘against’ MP/MLAs, however, literal interpretation should not be given to the word ‘against’ and it should be read ‘involving’ or ‘with respect to’.”

Court’s Observation 

The District and Session Judge Sujata Kohli observed that there is a little difference between the SC’s direction in the Ashwani case and the notification of… Continue Reading...

Tagged: MJ Akbar  
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