NEW DELHI, Nov 7:
A Delhi court today reserved for December 9 its order on pleas filed by four army officials, accused in a defamation case along with former Army Chief General V K Singh, regarding sanction to prosecute them.
Metropolitan Magistrate Jay Thareja concluded the hearing of arguments on the pleas filed by them under section 197(2) of CrPC which stipulates the court should not take cognizance of the alleged offence without prior sanction of government.
“Put up for order on December 9,” the magistrate said.
The four accused, the then Vice Chief of Army S K Singh, retired Lt Gen B S Thakur (the then DG of Military Intelligence), Major Gen S L Narshiman (ADG of Public Information) and Col Hitten Sawhney, were summoned by the court along with V K Singh on a criminal defamation complaint filed by former Lieutenant General Tejinder Singh.
Tejinder Singh had filed a criminal defamation complaint against five persons, including V K Singh, alleging he was defamed by the Army through its press release issued on March 5 last year which accused him of offering a bribe of Rs 14 crore to the then Army Chief to clear a deal of 600 trucks, a charge refuted by him.
During the arguments today, the counsel appearing for the four accused told the court that section 197 of CrPC is applicable in the case.
The counsel appearing for V K Singh cited the Army media policy, 2005, saying the press release issued on March 5 last year was part of the official duty of the former Army Chief.
He also cited provisions of the Army Act and argued that the authority to issue press release “itself flows from the policy of the government in the Army media policy of 2005.”
Earlier, the four accused had argued that no part of their official duty could be construed as an offence and whatever they had done was part of their official duties.
Their counsel had argued that a government servant is answerable to the state for his acts, done in official capacity, and if he is asked to answer in a criminal case, sanction is required to be taken from the Centre.
On October 3, the court had warned V K Singh against making defamatory remarks against Tejinder Singh, saying it would lead to cancellation of his bail granted earlier.
The court had disposed of Tejinder’s plea seeking cancellation of bail granted to the former Army Chief but had issued certain directions, saying V K Singh should “mend his ways and refrain from repeating defamatory remarks” against the complainant and not to use derogatory language about the court. (PTI)
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