CHANDIGARH: Taking cognizance of a plea filed by
Haryana Leader of Opposition Abhay Singh Chautala against his summoning by a lower court in connection with a criminal
defamation case, the Punjab and Haryana high court on Monday issued notice to retired IPS officer P V Rathee.
In his plea, Chautala has sought directions to set aside the summoning orders passed by the Gurgaon judicial magistrate first class (JMFC) on April 17, 2010. His main argument is that he has committed no offence within the territorial jurisdiction of the Gurgaon court, as has been alleged.
"The trial court has passed the summoning order in a mechanical manner. The trial magistrate has erred in giving a prima facie finding that offences within the area of Gurgoan are made out. The magistrate was bound to postpone issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or any other person he thinks for the purpose of deciding whether or not there is sufficient ground for proceedings," his counsel argued.
Chautala, along with several other persons, was summoned by the court on the complaint filed by Rathee, the then Haryana ADGP (CID). Rathee had approached the Gurgaon court, seeking action against Chautala and others for criminal defamation after some news item was carried by media in 2008. In that news item, it was published that a Panchkula based doctor had confessed before the CBI in June 2008 that he had bribed Rathee to get police protection. The doctor was facing a forgery case. Later, it was found that the doctor was arrested in August 2008, and so could not have made any statement before CBI in June.
According to the allegations, the leaders including Chautala had reportedly issued statements accusing Rathee for corruption on the basis of news item.
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