CHANDIGARH, Nov 11: Refuting the allegations of damaging City lawyer D.S. Rajput's reputation by implicating him in the jailbreak case, Punjab Director General of Police P.C. Dogra's counsel today claimed that the DGP had "acted in a bonafide manner on basis of evidence collected by the investigating agency".In a reply filed before UT Civil Judge (Junior Division) Jasbir Singh, the counsel stated that the statements to the press were issued by the defendant "in discharge of his official duties as police chief of the state". He added that the statements were aimed at making the people aware of the "serious ramification of the conspiracy hatched by the plaintiff and his associates, and to thwart their nefarious designs".
Earlier, Rajput, in a civil suit seeking Rs 10 crore as damages, had alleged to have been implicated in the "conspiracy" as criminal cases against senior police officers were being contested by him. He had also refuted the DGP's claim regarding his arranging the mobile phones allegedly smuggled into the jail premises.
Today, describing the suit as "false, frivolous, vexatious and a counter-blast of the case against Rajput", the counsel stated that his sole objective was to pressurise and demoralise the police force, besides hampering the investigations for offences including sedition, promoting enmity between classes and criminal conspiracy.
Claiming the suit to be non-maintainable, he asserted that the notice, mandatory under the provisions of Civil Procedure Code, had not been served on the defendant. Also alleging that the requisite court fee had not been submitted, he stated that the suit deserved to be rejected.
He added that the suit for recovery had apparently been filed "with a sinister design to evade the payment of court fee and thereby causing loss to the exchequer".
Dogra, the counsel added, was entitled to special costs, besides having the option of filing a suit for damages against the plaintiff. The case will now come up on November 26 for further hearing.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.