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| Court seeks personal appearance of Additional Secretary JKAACL | | Defamatory statement against RTI activist | |
Abodh Sharma
Jammu, May 27: A city Court has sought personal appearance of the Additional Secretary Jammu Kashmir Academy of Art, Culture and Languages (JKAACL) in a case of defamatory statement given to the press against an RTI activist. The court has directed the concerned SHO to ensure the presence of the accused in the Court on June 7, 2012.
The direction of the Court came after it took cognizance of the complaint filed by Anil Saraf, an RTI activist and a former employee of the Academy who had contested that the statement made by Additional Secretary JKAACL Savita Bakshi in the Press wherein she had stated that the complainant (Anil Saraf) had been put under suspension by her when she was the principal of the Institute of Music and Fine Arts (IMFA) Jammu for forging her signatures was made with criminal intention and motive to dent the image of the complainant in the eyes of his family, friends and public.
While the statement was made by the Additional secretary after Anil Saraf, an RTI activist had filed applications under RTI and alleged backdoor appointments and financial embezzlement in the JKAACL by her. The additional secretary's claims that the complainant was a habitual complainant and was suspended by her while she was the principal IMFA were not substantiated by the official records obtained from the JKAACL through an RTI application.
The learned special Railway Magistrate while observing that no sanction was required to prosecute the accused as the statement was not made by her in official capacity, admitted the complaint under section 500 RPC and directed the respondent to appear in person on the next date of hearing fixed for June 7.
"The court is convinced that the prima facie, the offence has been committed under section 500 of the RPC and if held guilty, it can fetch the accused 2 years simple imprisonment, fine or both" said senior advocate K S Parihar, the counsel for the complainant.
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