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SC stays NBW issued against Madhu Kishwar in defamation case

Press Trust of India  |  New Delhi 

The Supreme today stayed the non-bailable warrant (NBW) issued against activist Madhu Kishwar, against whom a criminal defamation case has been filed by a Kashmir-based scribe. A bench headed by Chief Justice said the plea filed by Kishwar against the trial order issuing an NBW last month for her non-appearance before it, would be heard in October. Senior advocate Kapil Sibal, appearing for Kishwar, told the bench that an NBW was issued despite the apex court's order permitting her to participate in the proceedings in through video-conferencing from a "Despite the Supreme Court's order, an NBW was issued against her," Sibal told the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said. When the senior counsel told the about the execution of the NBW, the bench said, "the NBW shall not be executed till then (when it hears the matter in October)". The matter was mentioned before the apex earlier in the day and the bench agreed to hear it today itself. The apex had earlier said if the video-conferencing facility was not available in the district where the matter was pending, then the proceedings may take place at any appropriate place or as per the direction of the Chief Justice of the High It, however, had clarified that it would be open to the trial to make any appropriate modification in this arrangement to ensure that trial is not delayed. Kishwar had claimed that on the basis of a "few tweets" posted by her on her Twitter handle regarding the state of the media in Kashmir, a complaint was filed by Syed Shujaat Bukhari, Editor-in-Chief of a daily published from Srinagar, alleging that these tweets were defamatory. Kishwar had earlier approached the apex challenging the May 24 order of the high dismissing her plea seeking transfer of the criminal defamation complaint against her from a in to Jammu. Her counsel had told the top that the high had failed to appreciate the "explosive and life-threatening law and order situation" in and the risk it would pose to her life.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, September 15 2017. 17:22 IST