Disposing of the pleas of Lt Gen S K Singh, Major General S L Narshiman and Lt Col Hitten Sawhney against the trial court order, Justice P K Bhasin said their contention that prior sanction was not taken before issuing summonses against them can be raised in the lower court after they appear there.
On June 8, the trial court had summoned former Army Chief Gen V K Singh and four top serving officers as "accused" in the defamation case and asked them to appear on July 20 before it.
Gen V K Singh and Lt Gen B S Thakur (DGMI) have not yet contested the summons against them.
"It is clarified that the magistrate shall decide their application on the question of sanction (to be) raised by the petitioners after they appear before it, in accordance with law without being influenced by the order passed by this court...," Justice Bhasin said.
During the more than a hour-long argument, the counsel for the Army officers, Siddharth Aggarwal sought exemption from personal appearance till the magisterial court decides the issue of sanction.
However, the court asked them to appear before the lower court and advance their arguments on issuance of summons.
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"You appear and make all submissions there. You can ask the trial court to reconsider the issue of sanction (under section 197 of the CrPC)," it said while referring to various Supreme Court judgements.
Tejinder Singh had accused them of misusing their official positions, power and authority to level false charges against him.
Tejinder Singh has been accused of offering bribe of Rs.14 crore to Gen V K Singh for clearing a deal for 600 trucks, a charge strongly refuted by the former. (More)