The advocate for Lt General (retd) Tejinder Singh,who had filed a criminal defamation case against senior Army officials including former Army chief V K Singh,on Wednesday filed an application for cancellation of bail granted to the five accused on grounds that they might tamper with the evidence in the case.
Tejinder Singh had accused Vice Chief of Army Staff S K Singh,Lt Gen B S Thakur (DGMI),Major General S L Narshiman (Additional DG of Public Information),Lt Col Hitten Sawhney and Gen V K Singh of misusing their official positions and authority to level false charges against him.
Gen (retd) V K Singh,on the other hand,has filed an application challenging the proceedings in court on the grounds that the court is barred from taking cognizance of the case. The application states that the court cannot prosecute him and the other accused without prior sanction for prosecution from the government.
Metropolitan Magistrate Jay Thareja on Wednesday heard the arguments on all the applications and adjourned the matter for further arguments on August 24.
Tejinder Singhs application pleaded that the five accused were high ranking officers and had access to the main evidence in the case,which is in form of press releases and other documents,kept with the Ministry of Defence and the Army headquarters. He had filed the complaint alleging that he was defamed by the Army through a press release issued on March 5,which accused him of offering a bribe of Rs 14 crore to the former Army chief to clear a deal of 600 trucks.
Gen (retd) V K Singh and other accused had also approached court with the plea for permission to access the evidence on record. Their advocates argued before the judge on Wednesday that the court must recall the entire file as evidence and issue copies of the evidence already on record to the defendants.
The court had called the file during the stage of investigation and kept certain pages of the file on record as evidence. The advocate for one of the accused argued that denying access to the files was tantamount to withholding material evidence from the defence.