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Apr 10-08 : TOI Defamation Cae- Status Report... |
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Written by Farrukh Khan
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As previously reported to you all the date of TOI defamation case was on April 7,2008.
I am trying to summarize the proceedings of the case as reported to me by my Lawyer handling the case:-
The University was also a party in said case and was arrayed as defendant No.4 and is sued for criminal silence on pertaining matter. The university submitted its written statement (herein after referred to as WS) in the court claiming that it has received an unconditional apology from TOI for the said article.
Further university also claimed that Editor along with other top rank officials of TOI met personally the VC of AMU and tendered unconditional apology, however when my lawyer asked for the copy of said apology the university failed to submit before the court.
TOI pleaded that it has also tendered apology for the subject article and further also pleaded that the said article was not outcome of any biasness for AMU in particular and Muslim community in general.
My lawyer draw the attention of the court with respect to delay in submitting the WS from TOI and university, and pleaded court for ex party decree for the suit of defamation( as 90 days is the time period for submitting WS) , in reply TOI pleaded that delay was unintentional and due to some other circumstances. Court asked my lawyer seeking his approval to award cost for this delay but my lawyer refused and argued to demand for ex party decree.
Now the date of next hearing is fixed in September 2008 (date was not clear to me over phone and I will repot you all back as soon as I get report from my lawyer). Now the case will proceed to evidences and I will be required to appear in court as in my capacity as plaintiff in then said case.
Comment:
Now it is evident from this proceeding that TOI has became defensive and is approaching for all apologies but in my personal opine I believe that apology is not only the solution rather a strict lesion should be made to them realizing that AMU is not a puppet institution so that they are allowed to write defamatory articles thus affecting our alma mater adversely.
I have made university as party in my suit because of reason that it was first and foremost duty of present administration to restore the sanctity and integrity of our degrees in particular and dignity of university in general. I preferred to make amu not a party rather present administration managing the affairs of university as a party for criminal silence.
With all your support and blessings we are now moving forward for a concrete milestone in this present suit.
I again seize this opportunity to extending my all possible thanks to all concerned for rendering their all support to this case in all terms. This is a live example how a hurdle can be overcome if our efforts are sincere and united. This is also an example to us to fight for right jointly so as no one can dare to harm our great legacy of Alma Mater.
I would welcome suggestion/ Advises in this respect from my seniors and colleagues .
I trust above is explanatory, nevertheless, should any one need more information please feel free to contact me. I remain at your disposal
With warm regards
Farrukh Khan
BALLB’07
Former Secretary, AMUSU
Former Member, University Court
IP Consultant
Doha Qatar.
+9746695392 |
