Defamation case: Jagdish Tytler withdraws plea in HC

Congress leader Jagdish Tytler today withdrew from the Delhi High Court his plea challenging framing of charges against him in a defamation case filed by a senior advocate representing the victims in the 1984 anti-Sikh riot cases as the trial has already begun in the lower court.

Justice R K Gauba allowed the request of Tytler's counsel to withdraw the plea after he said he does not wish to press it as he would contest the matter in the trial court.

The defamation case filed against the Congress leader by senior advocate H S Phoolka is pending before a trial court which had on March 2, 2015 framed charges against Tytler saying he had prime facie defamed the lawyer by allegedly making imputations to harm his reputation.

Advocate Arunabh Chowdhury, appearing for Tytler, said the trial has already begun and evidence of the complainant was being recorded in the lower court.

He said they have to cross examine Phoolka on July 17 and they will raise the issues before the trial court.

The trial court is scheduled to hear the matter on July 17, 18 and 19.

Tytler's counsel had earlier argued that the basis on which the trial court had framed charges in the defamation case was a video cassette obtained from a private TV channel.

The video cassette was not certified as mandated under Indian Evidence Act and various Supreme Court rulings, his counsel had said.

Earlier, the trial court had issued notice to Tytler under provision of CrPC, after prima facie finding him guilty of defaming the senior advocate under section 499 of IPC punishable under section 500 of IPC. Tytler had pleaded not guilty and had claimed trial.

The politician had argued in the trial court that there was no legally admissible evidence to frame charge against him in the defamation complaint.

Phoolka, who had earlier refused to accept Tytler's offer of 'unconditional apology', had countered his submissions contending that the complaint, statement of the complainant and other witnesses corroborating it, were enough to frame charges against him.

In his complaint filed in 2006, Phoolka had alleged that Tytler had levelled "false and derogatory" allegations against him during a TV debate aired in September 2004 to harm his reputation in society.

The complaint against Tytler was initially filed in a Ludhiana court in Punjab.