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Army officers plead lack of sanction; court to decide on Dec 9

The accused, along with former Army Chief General V K Singh, pleaded that the court can't take cognizance of the alleged offence without prior sanction of govt

Press Trust of India New Delhi
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.

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First Published: Nov 07 2013 | 3:02 PM IST

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