Lawstreet Journal

Delhi Court Rejects Zee Media's Plea Against Non-Summoning of Mahua Moitra in Criminal Defamation Case As Time Barred [READ ORDER]

Lawstreet Journal 5 Dec 2020 7:34pm

Image courtesy: Lawstreet Journal Judiciary Delhi Court Rejects Zee Media's Plea Against Non-Summoning of Mahua Moitra in Criminal Defamation Case As Time Barred [READ ORDER]

A Sessions Court in Delhi today (December 3, 2020) dismissed Zee Media's plea challenging a Magistrate's order dated September 25, 2019, refusing to summon MP Mahua Moitra in a criminal defamation case, as time barred. The Additional Sessions Judge at the Rouse Avenue Court, Geetanjali Goel refused to allow the channel's application for coronation of delay of 81 days in filing the review petition.

 

The Judge said, "It is no doubt the settled law that the words "sufficient cause" in Section 5 of the Limitation Act, 1963 should be given a liberal interpretation and the court should seek to do substantial justice but the law is also that the party has to show sufficient cause for delay to be condoned and the words contained in the statute cannot be given a go by and where the petitioner fails to show any sufficient cause for delay in filing the revision petition, the Court cannot only on the basis of a precocious plea of not being aware of the order of the Court which is also not substantiated and is rather contrary to the record, allow an application for condonation of delay."


The channel had filed a criminal defamation against the AITC leader for referring to it as uneducated and budbak . The channel claimed that whereas the company had only read the short order that she had been summoned, it obtained the detailed summoning order only during the COVID-19 period and after going through the same, found out that the Court had not… Continue Reading...


Tagged: Mahua Moitra  
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