Delhi HC brings Vir Sanghvi’s defamation case against Outlook out from cold storage

The Delhi High Court this week recalled the order passed by a trial court indefinitely adjourning the criminal defamation case filed by journalist Vir Sanghvi against Outlook Magazine..Sanghvi had filed the case consequent to a story published by Outlook purporting to extract tapped conversations allegedly between him and certain other individuals. Sanghvi had contended that the recordings were doctored and that the imputations made in the story were false and defamatory..The trial court had allowed the application moved by Outlook under Section 309(2) of the CrPC for adjournment of proceedings sine die, as the original tapes had been kept by the Supreme Court in a sealed cover as part of evidence in the 2G case..Appearing for Outlook, Senior Advocate AJ Bhambhani argued before the High Court that to establish that the published conversations were not doctored, it would be necessary to summon before the trial court the original tape recordings..Advocates Nitya Rama Krishnan and Rahul Kripalani representing Sanghvi, contended that the copies of the recordings were made available to the CBI as well as the Department of Income Tax during the 2G trial, and could always be summoned by Outlook at the appropriate stage..The Single Judge Bench of Justice Sanjeev Sachdeva agreed with this contention, noting that the recordings could be made available, now that the verdict in the 2G case has 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.” .The Bench stated that in case Outlook wished to summon, produce and prove the recorded conversation as contained in the said tapes, it would be open to it to summon the same from the CBI and/or the Income Tax Authorities. Should the publication face any impediment in doing so, the Court stated that they could approach the Supreme Court for appropriate directions..The Court directed that the matter be listed before the trial court on February 3, 2018, and further directed the trial court to conclude the case within one year..Read Judgment:.Image taken from here.