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Ajmer blast accused files fresh plea against CBI, Tehelka

PTI  New Delhi, February 01, 2011
First Published: 17:32 IST(1/2/2011) | Last Updated: 17:34 IST(1/2/2011)

An RSS functionary, who had sought FIR registration against CBI and Tehelka magazine for making public Swami Aseemanand's confessional statement in Ajmer blast case, on Tuesday moved a fresh plea in a Delhi court seeking dropping of the provisions of Prevention of Corruption Act against the probe agency and the periodical.

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In the application filed before additional chief metropolitan magistrate Sanjay Bansal, RSS functionary Devender Gupta sought exclusion of the provisions of the P C Act and pleaded for registration of a criminal case instead.

The court fixed Wednesday for pronouncing the order on the plea.

Gupta is currently lodged in Ajmer Central Jail in the dargah blast case.

"It is appropriate in the interest of justice to direct the police to register a criminal case and investigate the same immediately, excluding the provisions of the PC Act," the application filed by Gupta's counsel Anupam S Sharma said.

Gupta, against whom a charge sheet was filed by Rajasthan Anti-Terrorist Squad in Ajmer blast case, had sought FIR registration against CBI's Additional SP T R Balaji and owner, publisher and editor of Tehelka magazine Tarun Tejpal.

It was alleged that Aseemanand's confessional statement recorded by a magistrate under section 164 of the CrPC was leaked by CBI to the magazine in violation of the law.

"The media coverage indicates a well-defined leakage that is authored with a design to insulting the judicial process... The leakage of court proceedings opened an additional forum of media trial to prejudice the mind of the court in violation of the rights of the accused in custody," Gupta's lawyers had submitted.

The leakage of Aseemanand's statement had given a handle to neighbouring Pakistan to press for their improper demands, they had said.

The ATS had arrested Gupta, allegedly linked to a radical group Abhinav Bharat, and two others -- Chandrashekhar and Lokesh -- from Madhya Pradesh last year.

Later, three more suspects Harshad Bhai Solanki, also involved in Best Bakery case of Vadodara and were absconding since 2004, and Mukesh Vasani were arrested from Gujarat in the dargah blast case.


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