Saturday, June 9, 2012

We pray that the accuser does not become the accused

9 Jun, 2012, 02.18AM IST, ET Bureau
Criminal defamation case: Delhi court summons Gen VK Singh, four others

NEW DELHI: A Delhi court has summoned former Army Chief VK Singh and four top-serving officers in a criminal defamation case filed by retired Lt Gen Tejinder Singh.
Metropolitan Magistrate Jay Thareja ordered VK Singh, Vice-Chief of Army Staff SK Singh, Lt Gen BS Thakur (DGMI), Major General SL Narshiman (Additional Director General of Public Information) and Lt Col Hitten Sawhney to appear in court on July 20.
Tejinder Singh filed the defamation case after VK Singh had alleged in an interview in March that he was offered a 14-crore bribe by the former to clear the purchase of 600 Tatra trucks from BEML. Tejinder Singh accused the five officers of misusing their official positions, power and authority to level false charges against him. He had filed the complaint alleging he was defamed by the Army through its press release issued on March 5.
The court said on Friday the summons were only for the alleged offence of defamation. "However, it is made clear that the accused are not being summoned qua the allegation of hatching a criminal conspiracy against the complainant (Tejinder Singh).
Upon appreciating the entire evidence and material produced before this court, the allegation regarding hatching of a criminal conspiracy by respondents appears to be absurd and without any foundation. The accused are only being summoned qua offence as described under Section 499 (defamation) read with Section 35 (act done with criminal knowledge or intention) of the IPC," the magistrate said.
The court directed Tejinder Singh to file a process fee along with copies of the complaint and documents within a week of the re-opening of the court on June 21. "Upon filing of the process fee, copies of the complaints and the documents, the accused shall be summoned for July 20," the court said.
The court had earlier directed the defence ministry to place before it the file related to the issuance of the March 5 press release to ascertain whether or not the five persons accused of defaming Tejinder Singh had any role in it.
The press release blamed Tejinder Singh, former chief of the Defence Intelligence Agency, and some 'disgruntled' serving officers of the Military Intelligence for 'planting' a report in the media relating to purported tapping of some sensitive phones in the capital. The file pertaining to the press release was submitted to the court by defence ministry's under secretary R Sunder. The court had also recorded his statement during an in-camera proceeding in which he said some of the documents placed were "privileged."
Criminal defamation case: Delhi court summons Gen VK Singh, four others
In India, 95% of the criminal cases are dismissed. Even if this case is not dismissed, it wont hurt the statistics. When we see the definition of defamation, it is any statement made, which is defamatory. A criminal complaint is a statement, certainly a defamatory statement. Off course the accused has certain exception as defence- truth of the complaint or information to authority. However, as per Section 104 of the Evidence Act, the court shall presume against existence of any such cisrcumstances. Further, onus is on the accused to prove that his case falls under any of the exceptions. So at the time of filing complaint process must be issued and trial should be conducted, so that the accused can prove his innocence by proving some exception. Generally in India most of the Political Criminals file for defamation. This increases their chances of getting elected again- calling it Political Vendetta. Readers footage
Himanshu • 13 hours ago•
There was story of discussion between people of hell and heaven... hell got the best lawyers to defend them by paying best bribes and kickbacks and heaven guys were struggling just for their basic rights by true means... Countries last hope was judiciary but even these seems to have gone to dogs and likes of Abhishek Manu Singhvi who get paid to proof right to wrong (UTube footage).... All honest guys just watch it.. Corrupts have started ruling this country... God save us... GOD has already retired from india, realising that no one can cure corruption plaguing this country...

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