New Delhi, Nov. 4 -- The Delhi High Court has kept in abeyance till the next date of hearing its October 6 order directing perjury proceedings against five former senior CBI officials before a magisterial court for allegedly making a factually incorrect statement in a case.
Justice Mini Pushkarna who heard the matter posted it to February next year.
She noted that "prima facie case has been established by the applicants", "balance of convenience" is also in favour of the applicants and "irreparable injury shall be caused to the applicants", in case, interim order is not passed in their favour.
Retired CBI DySPs Sushil Dewan and Raman Tyagi had approached the high court seeking recall of its order dated October 6 in which Justice Madhu Jain had ordered perjury proceedings against them and three other senior CBI officials.
In his petition seeking recall of the order, Dewan had alleged that he was not served a copy of the appeal, additional documents of any other pleadings filed by the applicant, former IRS officer Ashok Kumar Aggarwal.
It alleged that Aggarwal had filed an application for advancing the hearing which was "neither served" upon him nor his counsel on the registered address.
"It is further submitted that although the appeal sought the initiation of a complaint
against six officers, only the Applicant/Respondent No 1 was arrayed as a party.
The remaining five officers were never afforded notice as mandated under Section 341 of the Code of Criminal
Procedure, 1973, despite being concerned parties," Dewan said seeking recall of the order.
The case pertains to discharge of Aggarwal from a CBI case in 2016 on the ground of invalid sanction, after which he filed the application seeking release of seized documents.
He had sought filing the perjury case against the CBI officers which was dismissed
by the special court last year following which he had approached the High Court.
Published by HT Digital Content Services with permission from Millennium Post.