Trial court erred in considering case a sex assault plaint: M J Akbar to Delhi High Court

Journalist Priya Ramani

The Delhi High Court on Wednesday sought journalist Priya Ramani's stand on former Union minister M J Akbar's appeal against a trial court verdict in his criminal defamation case against her over sexual harassment allegations.

The trial court decided the case as though it was a sexual harassment case instead of the defamation case he had filed against her, Akbar has told the high court in his appeal. "The impugned judgment, being based on surmises and conjecture, cannot stand muster even from a prima facie view, and therefore, is liable to be set aside," Akbar has said. "Trial Court has erred in considering the instant case as a complaint for sexual harassment when it was in fact a complaint for defamation..." the appeal reads.

M J Akbar

Senior advocates Rajiv Nayar and Geeta Luthra, appearing for Akbar, contended that the trial court erroneously acquitted Ramani in spite of concluding that her allegations were defamatory in nature. "He (trial court judge) says defamation is made out. Case is under Section 499 IPC. He finds it defamatory. Judgment should have concluded after this finding is returned," Nayar submitted.

The court responded that finding any content defamatory is the "first step" in the proceedings, after which the trial court has to consider the defence of the accused. "The trial court says per se they are defamatory and but in context of which she made the allegations, there was a valid defence," the judge stated. Justice Mukta Gupta issued notice to Ramani and listed it for further hearing on January 13.

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