During the hearing before the apex court, counsel representing Khan pointed out that since both parties were residing in Mumbai, the Indore court has no jurisdiction. Therefore, he sought transfer of the case to Mumbai.
On the other hand, counsel for Bajpayee argued that the entire cause of action arose in Indore, the witnesses who have deposed before the magistrate are residents of Indore and the effect of the tweets had been felt throughout the country including Indore. By virtue of these facts, the Indore court had jurisdiction to hear the case, it was contended.
It was also stated that Khan has not come to the Court with clean hands, having suppressed the fact that the ground of jurisdiction was already taken up by him before the Madhya Pradesh High Court, which rejected the same.
It was further argued that the magistrate has already passed a reasoned order, after taking cognizance of the case and has satisfied himself with the aspect of jurisdiction and convenience of parties.
Bajpayee’s counsel alleged that Khan is a habitual offender for posting defamatory content against various celebrities, and has been prosecuted for such by various courts.
Source: Barandbench
