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Gurgaon Court Summons Chautala, Bishnoi; Defamation Case Filed by ADGP (CID)


By ugesh srakar, Section News
Posted on Mon Apr 19, 2010 at 11:33:48 PM EST

In a high-profile defamation case, a Gurgaon court today issued summons to 34 persons, including former Haryana Chief Minister and INLD president Om Prakash Chautala, his MLA son Abhey Chautala, state INLD president Ashok Arora and Haryana Janhit Congress (BL) president Kuldeep Bishnoi. They have been told to appear before the court on May 22.<center></center>

Haryana Additional Director-General of Police (CID) PV Rathi had filed a suit of criminal defamation against the aforesaid persons.

Addressing a news conference here today, Rathi said a news item appeared in an English daily on June 17, 2008, which stated that an accused, Dr Sandeep Sharma, owner of Shubham Hospital, Panchkula, had confessed before the CBI that he had bribed Rathi to get police protection.

"On the next day, another reputed English daily investigated the facts and reported that the allegations against Rathi were factually incorrect," said Rathi, who was accompanied by Haryana Additional Advocate-General Narender Hooda.

He maintained that Dr Sandeep Sharma was facing an inquiry in a case of forgery registered against him under Section 420 of the IPC at a police station of Panchkula.

Source: The Tribune By Sunit Dhawan Gurgaon Court Summons Chautala, Bishnoi, Defamation Case Filed by ADGP (CID)

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Dr Sharma then lodged an FIR, demanding police protection claiming danger to his life. In the normal course, the district police is competent to provide such protection and the then SP of Panchkula, Sandeep Khirwar, provided him police protection.

But afterwards when the police came to know that the complaint of Dr Sharma was false, the protection was withdrawn. The case of Dr Sharma was transferred to the CBI.

"Without verifying the facts from the CBI or knowingly, the four political leaders issued statements against me, saying that I was a corrupt officer," the ADGP said, adding that they even went to the extent of demanding the resignation of Chief Minister Bhupinder Singh Hooda on this issue.

These statements were published in various newspapers from June 19 to 24, 2008. Those newspapers have also been made party in the defamation case.

Rathi pointed out that Dr Sandeep Sharma was arrested by the CBI on August 21, 2008, and hence, he could not have made any statement before the CBI in June, 2008, as reported by the newspaper.

Rathi asserted that he was in no way related to the case of Dr Sharma and had nothing to do with the matter.

"I was not even aware of the case and was taken aback on seeing my name being dragged into the matter," the ADGP said, adding that the even investigating officer of the CBI, Raminder Kumar, had deposed before the court that even after his arrest, Dr Sandeep Sharma had not levelled any allegation against him (Rathi). Rathi filed a suit of criminal defamation in November, 2008.

After going through the statements of six witnesses and 28 documents, the court ordered: "It is proved that accused No.1 to 30 (newspaper reporters and editors) published and engraved defamatory language in the newspapers in order to defame the complainant (PV Rathi) without any basis and proof and accused No. 31 to 34 (political leaders) made defamatory statements against the complainant which were published without any basis and all these statements were proved to be false... so prima facie, accused No. 1 to 30 have committed offences punishable under Sections 500 and 501 of the IPC and accused No. 31 to 34 have committed offence under Section 500 of the IPC." Accused No. 31, 32, 33 and 34 are Om Prakash Chautala, Ashok Arora, Abhey Singh Chautala and Kuldeep Bishnoi, respectively.

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