Sagar files objections in defamation case
Srinagar, Oct 1: Law & Parliamentary Affairs minister Ali Muhammad Sagar Saturday filed objections to PDP president Mehbooba Mufti’s application seeking rejection of complaint of defamation in trial court here.
Rafiq Ahmad Bakhsi and Shuja, counsels for the complainant Ali Muhammad Sagar, filed objections before the Court of Passenger Tax Srinagar to the application filed earlier by Mehbooba Mufti wherein she had said that the complaint filed by the minister was not maintainable.
Ali Muhammad Sagar, who is also a senior National Conference leader, had filed a complaint in 2004 before the Chief Judicial Magistrate Srinagar alleging that Mehbooba Mufti had damaged his image by giving defamatory statements against him.
Sagar had alleged in the compliant that Mehbooba Mufti said that he (Sagar) was carrying bogus voters from booth to booth in order to caste their votes in NC’s favour and an FIR no. 22 was registered against him (Sagar) in police station Rainawari. Sagar had stated in the compliant that he had been also accused of being involved in burning of Nawa Kadal Bridge.
Court of Chief Judicial Magistrate had later shifted the case to Passenger Tax Court Srinagar.
“The accused has filed the application just to protract the litigation and create hurdles in quick disposal of the case in accordance with the provisions of the law,” said the objections filed by Sagar.
“The court has already taken cognizance of the offence under section 500 of the RPC and after dismissal of the petition filed by accused in the High Court under section 561-A of Criminal Procedure Code, the court has proceeded in the matter and brought the accused before the court,” the objections said.
The objections to the application also maintain that the court has already stated the particulars of the offence and has asked to showcase as to why she can not be convicted.
“Under the relevant provisions, the accused has in substance admitted her guilt of making false and defamatory statement against the complainant and court has no option but to convict the accused,” read the objections.
“The complainant was not arrested by Police Station Khanyar as was wrongly alleged by the accused and the imputations against him were not carried by the print media of its own but were at the instance of the accused, who issued such statement intentionally and deliberately to malign the complainant,” the objections divulged.
Senior counsels, Muhammad Amin Rathore and Muhammad Altaf Naik, who appeared on behalf of the accused, told the court that the complainant is supposed to be present in the court on each hearing as there is no provision in CRPC to exempt him in the summons cases.
The counsels for the complainant informed the court that under section 247 of RPC, the court has the powers to exempt the complainant in the summons cases, where he is represented by his counsel.
The court was of the view that the personal appearance of the complainant was not necessary as such he was exempted to appear before it till further orders.
The counsels for the accused, however, told the court that they will move an application before it for the cancellation of the exemption of the complainant on the next date of hearing and will produce law in this regard.
On the other hand, the counsels for the complainant, submitted before the court that they will move an application for the conviction of the accused saying she has already admitted the guilt in her statement under 242 of RPC.
Lastupdate on : Sat, 1 Oct 2011 21:30:00 Makkah time
Lastupdate on : Sat, 1 Oct 2011 18:30:00 GMT
Lastupdate on : Sun, 2 Oct 2011 00:00:00 IST
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