Phoolka refused to accept an apology offered by Tytler. (Source: Expres Archive)
In a criminal defamation case filed by senior advocate and AAP leader H S Phoolka against Congress leader Jagdish Tytler for allegedly making a derogatory remark about him in a programme aired on a private news channel in 2004, a Delhi court on Wednesday asked the complainant to produce the original transcripts of the video to ascertain the facts.
During the proceedings, Tytler offered to give unconditional apology to settle the matter. “The issue is of 2004 and we are in 2014. My client has been in public life for years and he has not been held guilty by any court. My client will tender unconditional apology,” Tytler’s counsel told Additional Chief Metropolitan Magistrate (ACMM) Gaurav Rao.
However, Phoolka refused to accept Tytler’s apology. “This is a serious matter and any compromise will send a wrong signal to the people. The allegations and the threat to kill me is not just derogatory to me but to the victims of ‘84 (anti-Sikh riots),” Phoolka said. “My fight is for upholding the law of the land,” he added.
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The judge said the case does not relate to the 1984 riots and asked Phoolka to settle the matter. “You are a very senior member of the bar, it will be gracious enough of you if you resolve the matter through a settlement,” ACMM Rao said.
Phoolka said, “I will not do this. Sir, whatever you want, you may decide but settlement is not possible.”
The court has now directed Phoolka to produce the original video transcript of the programme. “It has transpired that part of the allegations are oral testimony and part are in the form of transcripts in the VCR. Hence, I have to go through the cassette and verify the transcripts,” the ACMM said.
Further, the court said the video should be in VCD/DVD format, and if VCR tape is procured, the complainant has to provide a VCR player and a television on the next date of hearing on August 2. It has also directed the complainant to produce a copy of the transcript to the accused. The judge also turned down Tytler’s request of being exempted from appearing at the next hearing.
Kaunain Sheriff M is an award-winning investigative journalist and the National Health Editor at The Indian Express. He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, an investigation into one of the world’s most powerful pharmaceutical companies.
With over a decade of experience, Kaunain brings deep expertise in three areas of investigative journalism: law, health, and data. He currently leads The Indian Express newsroom’s in-depth coverage of health.
His work has earned some of the most prestigious honours in journalism, including the Ramnath Goenka Award for Excellence in Journalism, the Society of Publishers in Asia (SOPA) Award, and the Mumbai Press Club’s Red Ink Award.
Kaunain has also collaborated on major global investigations. He was part of the Implant Files project with the International Consortium of Investigative Journalists (ICIJ), which exposed malpractices in the medical device industry across the world. He also contributed to an international investigation that uncovered how a Chinese big-data firm was monitoring thousands of prominent Indian individuals and institutions in real time.
Over the years, he has reported on several high-profile criminal trials, including the Hashimpura massacre, the 2G spectrum scam, and the coal block allocation case. Within The Indian Express, he has been honoured three times with the Indian Express Excellence Award for his investigations—on the anti-Sikh riots, the Vyapam exam scam, and the abuse of the National Security Act in Uttar Pradesh. ... Read More
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Phoolka refused to accept an apology offered by Tytler. (Source: Expres Archive)
