Thread by @barandbench

Hearing in MJ Akbar's criminal defamation case against Priya Ramani to begin before Additional Chief Metropolitan Magistrate Ravindra K Pandey.

Case is at the stage of rebuttal by Akbar. Ramani has concluded her defense.

#MeToo #PriyaRamani #MJAkbar #Metooindia

@mjakbar

Hearing begins.

Your honor will give three hours to me today? : Senior Advocate Geeta Luthra for @mjakbar

Today is court is for physical hearing. I will only give 1 hour. Parties will have to come for physical hearing whenever listed : Judge

I have some medical issue..I will not be able to come for physical hearing: Senior Adv Luthra

Can I be give 1-2 hours tomorrow (when court is for virtual hearing): Luthra

We can do it on January 21. Only one hour today for virtual hearing. My duty is for physical hearing: Judge

You can continue on January 21 : Judge

Ma'am Rebecca John is available after January 23: Adv Bhavook Chauhan

She has no right to argue as rebuttal of rebuttal : Luthra

Court has given that opportunity: Chauhan

An attempt is being made to deprive accused of right to defend herself by making substantial arguments in rejoinder: Chauhan

We'll keep one day for submissions after your submissions: Judge

Let that day be January 21. Why is my friend not specifying the date: Luthra

After ma'am Luthra finishes, I will tell the date accordingly: Chauhan

We will definitely time to you, Mr Chauhan. I will give short dates: Judge

Luthra expresses her displeasure at the accused counsel interrupting her.

The hearing will be short today because I don't have time. Please continue: Judge

All documents have to be in original and proved by the author: Luthra

Luthra refers to caselaws.

When I read Nilofer's evidence whose testimony is hearsay and inadmissible, she refers to the tweets and messages Ramani on WhatsApp. There is a WhatsApp photo. There is no original: Luthra

Photo is on phone gallery.. it is in jpg form. If you have to give the original, you have to produce the phone and gallery. Both were not done : Luthra

She is not an eye witness. It is fabricated. She is an interested witness: Luthra

You can either do primary or secondary evidence.. I can't understand that after 30 years you are producing something like this and calling it res Gestae: Luthra

Luthra reads Nilofer's message.

There is no contemporaneous evidence: Luthra

This is a photo which shows it is cropped : Luthra

Luthra refers to a judgement on authentication of stored electronic information.

The photo has to be from the jpg folder of the mobile. The marking and exhibition is only for identification: Luthra

The original document has to be filed.. photocopy can be only under section 65 circumstances.. : Luthra

How can something that is statutory and mandated by Evidence Act be given a go by when a court days that if something is exhibited, it doesn't mean it is proved : Luthra

There was no opposition to my documents. They agreed to them being exhibited: Luthra

I oppose the exhibition and authenticity their documents which can be only proved by the author : Luthra

You may give more judgements: Judge

The moment something is cropped, it is tampered and cannot be secondary evidence and becomes inadmissible: Luthra

Luthra refers to a judgement.

Taking a document is possible when other party doens't object. We have objected: Luthra

The document has to be proved by the author: Luthra

I'm attacking all documents exhibited by defense as none are admissible: Luthra

Luthra reads a judgement.

They are not satisfying Section 65B nor requirements of primary evidence: Luthra

Their certificate is not in satisfaction of section 65b law : Luthra

Luthra reads Ramani's testimony.

It becomes curiouser and curiouser. She wrote an article without naming anyone because it was a a piece of fiction: Luthra

What happened in 2018 that brought public interest when none existed in 2017. She could have spoken up at Vishakha's time it Tarun Tejpal when she wrote an article titled sorry boss we found our voice : Luthra

Where is the element of truth and veracity: Luthra

You said didn't name him because he didn't do anything. The tweet doens't say that I'm saying all this because so many women are speaking up: Luthra

There is no public interest. There is no good faith. There is just some other motive. It is not for me to state it : Luthra

It is vindictive and actuated out of malice. The fact is your can just spoil a person's reputation : Luthra

The kind of investigation that she has done has to be seen from a very keen eye: Luthra

This becomes more and more fabricated : Luthra as she reads Ramani's statement on the entire article not being on Akbar.

Luthra continues to read the testimony.

Both in the article and the tweet and her evidence and explanation, what is the so called basis for her allegations? : Luthra

When an imputation is made..there is no naming anyone for any empirical investigation. There is no evidence: Luthra

The explanation for "predator" is her own experience.. the meaning of the word is q person who has propensity for violent sexual behaviour. : Luthra

What she said does not mean predator. Many people in positions of hierarchy are more powerful but you can't call them a predator: Luthra

There are many words to describe a junior-senior relationship. You cannot turn around and say that you are calling a person media's biggest predator : Luthra

She passes it off.. you are a journalist. You have to be responsible. You should know the meaning. Open the English dictionary and see the meaning. You can't write as if without any sense of responsibility or accountability: Luthra

We all have responsibility for what we say or do. We have to have a verification. We have to gige accountability: Luthra

I can't call anyone anything and come to the court of law.. that I assigned a different meaning to the word : Luthra

We have to see what was the truth about calling Akbar media's biggest sexual predator : Luthra

Is doesn't matter what people say post facto. Harm is done by the man who instigates and ignites the first flame : Luthra

We will continue on January 21 : Judge

Will give time from 11 am till lunch : Judge

Luthra urges court to assign date for Senior Advocate Rebecca John's submissions.

I am giving January 21 and 23: Judge

I can tell date right now. 27th after lunch : Chauhan

We'll keep it for 21st at 11 am and 23rd post lunch. Will keep 27th also in case there are any remaining arguments: Judge

Hearing adjourned.

Counsel points out that January 23 is a physical hearing date.

We'll adjust. Today was also a physical hearing day: Judge

Hearing over.

Harm done by person who ignites the first flame: Geeta Luthra for MJ Akbar argues before Delhi Court in defamation case against Priya Ramani

#PriyaRamani @IndiaMeToo @mjakbar #metoo
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