HC verdict today on Moitra’s plea on defamation plaint

NEW DELHI: The Delhi High Court is scheduled on Thursday to pronounce decision on TMC MP Mahua Moitra's plea challenging a lower court order staying proceedings in a defamation complaint filed by her against Zee News and its editor-in-chief Sudhir Chaudhary in connection with a show on her June 25 speech in Parliament.

Justice Brijesh Sethi had on October 10 reserved judgement after hearing arguments on behalf of Moitra and the TV channel. In her plea, the Trinamool Congress MP has contended that the Sessions court ought not to have intervened in the defamation proceedings when it was at the pre-summoning stage. Chaudhary's lawyer opposed the plea saying it was not maintainable.

He said Chaudhary had moved an application seeking perjury action against the MP for allegedly concealing relevant facts in her defamation complaint and consequently, the Sessions court had stayed the proceedings.

Such an application can be moved at any stage, he had said.

Countering the argument, Moitra's lawyers had said that the Sessions court ought not to have stayed the proceedings against a "proposed" accused on his plea. They said the application under section 340 of the Criminal Procedure Code was first moved before the magisterial court which was hearing the defamation complaint.

The magisterial court, however, had adjourned the proceedings and the hearing in the application to another date, Moitra's lawyers said and added that against this adjournment order, Chaudhary had moved the Sessions court.