Thread by @barandbench

Will MJ Akbar vs Priya Ramani be transferred to another Judge after two years?

Court of District & Sessions Judge, Rouse Avenue to shortly assemble to consider the issue.

#MJAkbar #PriyaRamani

@mjakbar #Metooindia

After hearing the case since its inception in October 2018, yesterday, a Spl MP/MLA Court had opined that the case ought to be transferred since it was not a case file against MP/MLA.

#MJAkbar #PriyaRamani

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Hearing begins.

Matter is before Judge Sujata Kohli.

@mjakbar @IndiaMeToo

#PriyaRamani #MeToo #metooindia

Let's see what's there.. who is aggrieved?: Court

We are making a joint request that the matter be sent back to Judge Pahuja.. two years back, the case was marked to his court.. both of us argued in detail. I am on rebuttal: Senior Adv. Geeta Luthra for @mjakbar

There is no bar on that court to hear matters that are not against MP/MLAs. We are requesting that it go back to the same court: Luthra

I tender my sincere apology. Initially we said that it would be a joint request but we read the notification of the High Court. The notification mandates that Judge Pahuja's court is solely for MP/MLAs. It is upto this Court to decide now: Adv Bhavook Chauhan for Priya Ramani.

I say that Judge Pahuja's Court can hear this case as well.. if we may go back to that court to finish arguements, it will save judicial time: Luthra

You are right that this notification creates no bar on hearing of other non-MP/MLA cases.. I had bene marking such cases : Judge Kohli

One file was sent to one such special court but the file was marked back.. I sent it back to the court again. Somebody should take it to the High Court : Judge Kohli.

But we must read the object behind the notification: Judge Kohli

The object behind the notification was to expedite cases against MP/MLAs : Judge Kohli

Seeing that, a complaint by an MP/MLA should not be covered. This notification was passed long back in 2018. This case was filed in 2018 only. None of the officers took note of it. None of the counsel took notice and everything continued: Judge Kohli

Suppose there is no jurisdiction, the consequence can be very dangerous. The entire trial is de novo.. I'm just discussing : Judge Kohli

Okay then. You leave it to me now: Judge Kohli

The issue of de novo trial may open a pandora box. There was a complaint by MP Mahua Moitra and it is pending before a Magistrate before Patiala House Court: Chauhan

Additional Courts have been created. These are zero tolerance courts. The message is that these courts should only be dealing with MP/MLA cases : Judge Kohli

I think with regard to proceedings before wrong court, sec 462 CrPC may be an answer: Luthra

I am the one who is going to be prejudiced. There is urgency: Luthra

That's also a point. It is your reputation which is at stake: Judge Kohli

But do you think that is the object? : Judge Kohli

Basically there is no legislation as such..there was a PIL before the Surpreme. It doesn't mean that cases by MP/MLAs can't be decided by special courts. All cases deserve expeditious disposal.. nobody had any objection: Luthra

We all recognised that the special court had the jurisdiction. CMM, Patiala House sent the Complaint to this special court: Luthra

It was just for me to finish my argument.. this notification doesn't exclude hearing of other cases. We are in your hands: Luthra

Adv Sandeep Kapur for @mjakbar reiterates the submissions made by Luthra.

Grave prejudice is being caused to my cleint : Kapur

As an assistance, we would like to hear an objective view. Is our Prosecutor here? : Kohli

No: Court master

That's alright.. let's not call it is a legislation. It's a notification: Judge Kohli

Judge Kohli lists matter for orders on October 22 for order.

#Breaking: Order to be pronounced on the point of transfer of MJ Akbar vs Priya Ramani on October 22 at 4 pm.

@mjakbar

#PriyaRamani #MJAkbar

#MeToo

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