HC lists in April M J Akbar's appeal against acquittal of journalist Priya Ramani in defamation case

New Delhi: The Delhi High Court on Friday allowed a plea filed by former Union minister M J Akbar seeking an early hearing of his appeal challenging a trial court order that acquitted journalist Priya Ramani in a criminal defamation case filed by him over her allegations of sexual harassment.

Justice Jyoti Singh listed the appeal for hearing on April 26 in the main list of cases.

While admitting the appeal in January 2022, the high court had directed it to be listed in due course, without assigning a specific date.

Akbar, in his application, has submitted that he is a senior citizen and a senior journalist. He has said two years have passed since the filing of the appeal and requested the court for an early hearing.

Senior advocate Rajiv Nayar, representing Akbar in the matter, said the finding of the defamation was in his client's favour in the judgment delivered by the trial court.

The lawyer appearing for Ramani said the only ground mentioned in the application for an expeditious hearing of the appeal is that Akbar is still aggrieved by the alleged defamation caused in 2018 for which Ramani has already faced trial and has been acquitted by the trial court.

"Why should this appeal of 2021 be taken up at this stage when it is before the court in the regular list? Appeals of several years ago are still pending against convictions, which could not be heard because of the heavy burden on this court, so why should this 2021 appeal be heard at this stage when I have been acquitted and my presumption of innocence is now reinforced?" he asked the court, adding that no ground has been made out in the application.

Senior advocate Rebecca John, representing Ramani, submitted that it took almost two years to complete the evidence stage before the trial court and there is a lot to be read from the evidence.

"I have to defend my innocence and my acquittal so I will take no less than two or two-and-a-half hours to argue the matter. It is a long appeal and the entire record has to be read out," she said.

The court, which said it is not restricting the parties with any time limit, listed the appeal for hearing on April 26, saying its board is very heavy and it would not be possible to hear the matter in March.

On January 13, 2022, the high court agreed to examine Akbar's appeal against the trial court order and admitted the appeal on which a notice was issued to Ramani in August 2021.

In his appeal, Akbar has contended that the trial court decided his criminal defamation case on the basis of surmises and conjecture and as though it was a case of sexual harassment.

According to the plea, the trial court failed to appreciate the arguments and evidence on record.

"The 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 trial court ought to have considered the evidence presented by the respondent (Ramani) herein from the perspective of a defamation case as the respondent has presented no admissible corroboratory evidence, other than her own testimony," the appeal says.

Akbar has also claimed that the trial court "gravely erred" in observing that he did not have a stellar reputation and ignored well-established principles of criminal jurisprudence.

Akbar has challenged the trial court's February 17, 2021 order that acquitted Ramani in the case on the ground that a woman has the right to put grievances before any platform of her choice even after decades.

The trial court had dismissed Akbar's complaint, saying no charges were proved against Ramani.

It had said it was of the considered view that Akbar's case regarding the commission of the offence punishable under section 500 (punishment for the offence of defamation) of the Indian Penal Code against Ramani was not proved and acquitted the journalist.

The court had said it was shameful that crimes against women were taking place in a country where mega epics like Mahabharata and Ramayana were written about respecting women.

The glass ceiling will not prevent Indian women as a roadblock in advancement in a society of equal opportunities, it had said.

Ramani had levelled allegations of sexual misconduct against Akbar in the wake of the #MeToo movement in 2018.

Akbar filed the complaint against Ramani on October 15, 2018 for allegedly defaming him by accusing him of sexual misconduct decades ago.

He resigned as a Union minister on October 17, 2018.