Tytler's counsel argued that the complaint was filed by senior counsel H S Phoolka regarding alleged defamatory statements made against him by the Congress leader in a TV news programme aired on September 7, 2004 and there was a long and "inordinate delay" in the proceedings of this matter.
"The court has to see whether notice is to be framed against my client...There is no material to frame charge," his counsel told Additional Chief Metropolitan Magistrate (ACMM) Gaurav Rao during the arguments on framing of notice.
Tytler's counsel also argued that primary evidence filed by the complainant was based on a video cassette which is an electronic evidence but it cannot be filed in the court with proper certificate, as mandated by law.
Phoolka's counsel, however, countered his submissions contending that the complaint, statement of the complainant and other witnesses corroborating it, were enough to frame charge against Tytler in the matter.
"There is sufficient evidence to proceed with framing of notice," Phoolka's counsel said.
The court has now fixed the matter for further arguments on January 24.
The court had earlier watched the original video of the TV programme which was aired by the news channel in both English and Hindi.

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