HC orders to combine 2 defamation cases against Anna Hazare

Bombay High Court Thursday directed the two defamation cases filed by Shiv Sena MLA Sureshdada Jain against social activist Anna Hazare, at Jalgaon and Mumbai, be clubbed and tried together.

Jain had lodged the two complaints in May 2003 after Hazare made certain allegations against him at a press conference.

Hazare had moved the High Court seeking clubbing of the two cases and a trial at Mumbai court

"Both the complaints are similar. The complaint at Jalgaon was lodged on June 5, 2003 and after a court there issued notice, to cause inconvenience to Hazare, Jain lodged another complaint in Mumbai on June 23," Hazare's lawyer, advocate M J Bhatt, argued.

Jain's lawyer, advocate Nilesh Pawaskar, opposed the plea, saying that they were two different cases emanating from Hazare's defamatory statements on two occasions.

"On May 9, 2003 Hazare called Jain and other (state) ministers corrupt at the press conference at Nanded. On May 19 he held another press conference where he made direct allegation against Jain," Pawaskar said.

The division bench of Justices V M Kanade and A M Thipsay however held that both the cases seemed to be similar. "We also accept the apprehension of the applicant (Hazare) that if the cases are tried separately, the complainant (Jain) will come to know  Hazare's defence and might use it against him in the second case in Mumbai," Justice Thipsay said.