Following the culmination of the 2G Spectrum allocation case in a trial court, the Delhi High court has recalled an order which had adjourned the proceedings sine dine in a criminal defamation case filed by journalist Vir Sanghvi against Outlook Magazine.
Justice Sanjeev Sachdeva directed that the order of the trial court be recalled as the case has already ended and resulted in a judgment.
Sanghvi had filed a defamation case against Outlook Magazine in connection to a story purporting to extract taped conversations allegedly between him and certain other individuals. Sanghvi had claimed that the recordings were tampered and the imputations made in the story were false and defamatory.
However, Outlook moved an application in the court seeking to adjourn the proceedings because the original recordings were kept with the Supreme Court in a sealed cover as part of evidence in wake of the ongoing trial in the 2G spectrum case. On June 30, 2014, a trial court allowed this application and the case went into a box.
Following this Sanghvi had sought the recall of the earlier order and proceed further with the case.
The court held that the case should now be heard again as the 2G judgment has already been delivered.
“In view of the above facts and the changed circumstance that the 2G Scam Case has culminated in a judgment, in my view, the order adjourning the complaint case filed by the petitioner sine die needs to be recalled. Accordingly, the impugned order dated 30.06.2014 is set aside,” the single judge bench said.
Appearing for Sanghvi, his counsel Nitya Rama Krishna contended that the recordings were made available to the Central Bureau of Investigation and the Income Tax Department during the trial. Hence it can be summoned any time if required by Outlook during the pendency of the case.
The court agreed to the contention and stated, “It may be noticed that post the impugned order dated 30.06.2014, the trial of the 2G Scam Case has already concluded and resulted in a judgment. It may also be noticed that the Supreme Court, by its order 10.02.2011, made available copies of the said recorded conversation, to the Central Bureau of Investigation and the Income Tax Authorities, to facilitate the trial…..”
The bench said that the respondents may call for the recordings as and when required in their defense. It also directed the trial court to expedite the hearing and conclude it within a year since the case has already been pending for three years without a single hearing.
“The case shall be listed before the concerned Trial Court for directions on 03rd February, 2018. In view of the facts that the proceedings have remained stayed for over three years, the Trial Court is directed to expedite the proceedings and preferably conclude the same within a period of one year,” the court said.
On December 21 last year, all the 21 accused including former telecom minister A Raja, DMK leader Kanimozhi and others were acquitted by the Patiala House Court after the judge held that the prosecution had “miserably failed” to prove the charges and described the CBI chargesheet as a ‘well-choreographed” one.
