Barkha Dutt’s criminal complaint against Kapil Sibal to be transferred to Special MP/MLA Court: Delhi HC.

A criminal complaint had been filed against Kapil Sibal, Promila Sibal and Analog Media, their network company last year, by journalist Barkha Dutt. The complaint included charges under Section 420 of the IPC read along with Section 120B of the IPC.

The Special MP/MLA Court in Rouse Avenue Court Complex has been issued instructions, by the Delhi High Court, to transfer the complaint including allegations against Senior Advocate and Member of Parliament, Kapil Sibal.

The Court through the Single Judge Bench of Justice Anup J Bhambhani observed that taking into consideration that the criminal complaint (CT No. 9933/2019) accused a sitting Member of Parliament, it should be transferred to the Court of the learned District & Sessions Judge, RADC, New Delhi from the Patiala House Courts, New Delhi. This order was passed for the assignment to the appropriate Special Court set-up that would deal with criminal cases against sitting MPs forthwith.

After an Office Note was moved by the Patiala House Court, District and Sessions Judge, earlier this year, the Court had issued notice in the transfer petition.

Barkha Dutt had registered the complaint implicating Kapil Sibal, Promila Sibal along with their TV network company, Analog Media. The charges included alleged commission of offence under Section 420 of the IPC read with Section 120B of the IPC.

The sudden closing of Analog Media’s Tiranga TV prompted this complaint to arise. The allegations, include breach of contractual obligations and breach of the assurances that were tendered to her qua the viability of running the TV channel following the 2019 General Elections.

Even though the compliant was registered before the Metropolitan Magistrate, Patiala House Court, an application was thereafter filed requesting the Court to move the matter to the proficient court, that is, the Special MP/MLA Court at Rouse Avenue.

 

Addressing an Office Note sent to the High Court, the District & Sessions Judge, Patiala House Court observed that only the High Court could transfer the case as it would be an inter-sessions division transfer. Advocates Raghav Awasthi and Mukesh Sharma filed the criminal complaint. The complaint is currently at the pre-summoning stage.

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