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NEW DELHI: A Delhi Court has said that steel magnate Naveen Jindal?s alleged call to News Broadcasting Standards Authority (NBSA) chairman Justice J S Verma does not amount to an offence of criminal misconduct within the meaning of Section 13 (1) (d) of the Prevention of Corruption Act.
In the case filed by Zee News Ltd seeking intervention of the Central Bureau of Investigation against Jindal for invoking Justice Verma, Special CBI Judge Dharmesh Sharma said: ?At this stage, assuming for the sake of convenience that such act was indeed committed by accused no. 1 (Jindal), it could only be said to be in the realm of moral turpitude or unethical conduct that by no stretch of legal latitude could be said to constitute an offence of criminal misconduct within the meaning of Section 13 (1) (d) of the P. C. Act.?
?Again assuming for the sake of convenience the fact attributed to the accused (Jindal) could only be perceived as having been done by him in his capacity as a CEO of a private company to show his might upon a non-governmental organization (NBSA) that cannot constitute an offence within the meaning of Section 13 (1) (d) of the P. C. Act.?
Zee News counsel Vijay Aggarwal, however, said he would pursue the matter in the Delhi High Court: ?The court has expressed doubts whether calling NBSA, in view of it being a private body, is unethical, criminal or not. Also, in view of the investigation being ordered, it may bring disrepute to NBSA and might affect pendency of civil suit defamation before the High Court of Mumbai.?
On 14 January, the court had taken consideration in the complaint made by Zee News before CBI against Jindal. The case was filed after the CBI did not take action on a complaint made against Jindal after his reported call to Justice Verma before he could make a pronouncement based on Jindal?s complaint against Zee News. While dismissing Jindal?s case, Justice Verma had taken umbrage to the complainant?s conduct.
Zee News Editors Sudhir Chaudhary and Samir Ahluwalia have alleged that they have been falsely implicated in a case relating to a series of exposes in the Coalgate scam involving Congress MP and industrialist Jindal. The two Zee editors wanted to expose Jindal?s template of silencing media coverage of Coalgate through a Rs One billion advertisement contract.
NEW DELHI: Taking cognizance of a defamation complaint against Congress MP Naveen Jindal and others, a Delhi court today asked the Delhi Police to probe the role of Jindal and 16 other officials of his firm Jindal Steel and Power Ltd (JSPL) who are named in the complaint filed by Chaudhary.
Metropolitan Magistrate Jay Thareja asked the Station House Officer of the Tughlak Road in south Delhi to seize the minutes of meetings and other documents of Broadcast Editors Association (BEA) regarding termination of the membership of Zee News Editor Sudhir Chaudhary.
The Police have been asked to give a report within a month and the case has been listed for further hearing on 15 February.
Chaudhary had alleged that "false allegations" were leveled against him to tarnish his image.
"Keeping in view the fact that 15 out of 17 accused are residing outside the territorial jurisdiction of this court - PS Tuglak Road - and the law laid down in section 202 of the CrPC, it is directed that SHO, PS Tuglak Road (or his deputy) shall conduct an investigation qua the allegations made in the complaint," the court said.
It also said the SHO would investigate the role of each of the respondents relating to the two cause of actions described in the complaint.
Chaudhary, who filed his complaint through Zee News Ltd. counsel Vijay Aggarwal, had earlier said Jindal and JSPL officials had made "deliberately false" statements and registered a "false case" against him in the alleged Rs One billion extortion bid case and defamed him by leveling allegations against him at a press conference here.
?The Crime Branch of Delhi Police was doing one-sided investigation,? said Vijay Aggarwal. "Here on, the investigation will be under direction of the court and seizure of documents too,? he added, saying ?now truth will come out.?
The court, in its order, directed the police to "seize the relevant pages of the minute book of JSPL covering the decisions of the management of JSPL referred in the letter dated 18 November 2012 issued by the Company Secretary of JSPL."
It also asked the police to seize the video recording of the press conference "allegedly held on 25 October 2012" by Jindal and others either from their office or from any TV news channel.
The magistrate also clarified that his order "shall not restrict the SHO, PS Tuglak Road, from conducting a full and through investigation" in the matter.
Chaudhary had earlier told the court that "in September 2012, a false case was registered against me at the behest of the respondents (Jindal and others) and they defamed me at different steps for which I have filed the present complaint."
In his statement, Chaudhary had said Jindal, along with others, had claimed in the press conference that BEA had removed him from the post of treasurer after considering his statement whereas he has never attended any such meeting.
Editor Samir Ahluwalia had also filed a separate criminal defamation complaint against Jindal and others in a court here.
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