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Wednesday 24 August 2011

Anna Hazare fights defamation case in Bombay HC


MUMBAI: Anti-corruption crusader Anna Hazare has moved the Bombay high court seeking the quashing of defamation proceedings initiated against him in 2003 by Jalgaon politician Sureshdada Jain.

When the matter came up for hearing before the division bench of Justice A M Khanwilkar and Justice P D Kode, the former recused himself, saying that he had earlier appeared as an advocate for Jain.

Additional public prosecutor Jayesh Yagnik submitted that the trial is nearing conclusion in a Jalgaon court and only Hazare's statement remains to be recorded.

The petition filed by Hazare pertains to defamatory statements Hazare made at a press meet in May 2003 in Jalgaon. Based on news reports, Jain filed complaints against Hazare at Jalgaon and Mumbai. The judicial magistrate issued criminal proceedings against him.

Hazare's petition sought that the complaints at Jalgaon and Mumbai be clubbed and tried simultaneously. His advocate, Rajeev Bhatt, argued that "two different complaints have been lodged based on the same news report.

Social activist Anna Hazare has moved the Bombay High Court urging quashing of defamation proceedings against him initiated in 2003 by Jalgaon politician Sureshdada Jain. Jain was then NCP minister and is now Shiv Sena MLA.

When the matter came up for hearing before the division bench of Justice A M Khanwilkar and Justice P D Kode, the former recused himself saying he had earlier appeared as an advocate for Jain.

Before this, Additional Public Prosecutor Jayesh Yagnik submitted that the trial in a Jalgaon court is nearing conclusion and only Hazare's statement under Section 313 (examination of accused) of the Criminal Procedure Code remains to be recorded.

The petition filed by Kisan Baburao (71) alias Anna Hazare pertains to defamatory statements he made at a press-meet in May 2003 in Jalgaon. Based on the newsreports, Jain filed complaints against Hazare at Jalgaon on June 5, 2003 and at Mumbai on June 23, 2003. The judicial magistrate issued criminal proceedings against him. The petition stated that courts in Mumbai and Jalgaon recorded Hazare's statement in August and December 2003. The Aurangabad bench of the High Court directed the trial to be expedited in Jalgaon. The petition stated that there has been no progress of the trial in Mumbai.

In his petition, Hazare has stated that Jain has deliberately chosen to proceed with the trial at Jailgaon and not in Mumbai. It also Jain is pursuing the trial at Jalgaon first and not in Mumbai to see what defence Hazare takes before the court and will "accordingly fill lacunae in the complaint" before the Mumbai court. Hazare stated that because of such tactic, he will be deprived of an opportunity of fair trial in both courts.

Hazare's petition also alternately sought direction for complaints at Jalgaon and Mumbai to be clubbed and simultaneously tried His advocate Rajeev Bhatt argued that "two different complaints have been lodged based only on the same news report."

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