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Online edition of India's National Newspaper Sunday, June 03, 2001 |
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Not just a rupee, says Sheila
By Nirnimesh Kumar
NEW DELHI, JUNE 2.
The Delhi Chief Minister, Ms. Sheila Dikshit, has said that the
former Chief Minister, Mr. Sahib Singh Verma, is mistaken in
saying that she has sought a compensation of only one rupee from
him for allegedly causing defamation to her.
In her reply to an application by Mr. Verma in which he has
demanded dismissal of the defamation suit filed by Ms. Dikshit
against him, the Chief Minister said Mr. Verma's application
wrongly claimed that she had sought a compensation of only a
rupee.
In fact, as was clear in the suit, the Chief Minister submitted
that she had asked for a permanent prohibitory injunction
restraining Mr. Verma from making or causing to be made or
published against her any allegations or imputations or
wrongdoing as well as a decree for damages in the sum of Re. 1.
``The suit, therefore,'' Ms. Dikshit further said, had claimed a
twofold relief, but Mr. Verma had sought to mislead the court by
saying that only one relief for a compensation of Re. 1 had been
claimed.''
The relief of injunction was valued at Rs. 5.05 lakhs and the
relief of compensation at Re. 1; therefore, the suit could not be
tried by any court but by this honourable court, the Chief
Minister submitted.
Ms. Dikshit filed the reply in response to a notice issued by the
Delhi High Court on March 30 asking her to reply why her
defamation suit against Mr. Verma should not be dismissed.
Mr. Justice K.S. Gupta had issued the notice on an application by
Mr. Verma. Mr. Justice Gupta had directed Ms. Dikshit to file her
reply by May 30.
In his application, Mr. Verma submitted that the defamation suit
had an legal infirmity as Ms. Dikshit had asked for Re. 1 in
compensation for the defamation allegedly caused by Mr. Verma.
According to the Delhi High Court Rules, no defamation suit below
Rs. 5 lakhs can be filed in the Delhi High Court.
Counsel for Mr. Verma, Dr. Surat Singh, submitted that though the
Chief Minister had sought a permanent injunction of Rs. 5.05
lakhs but she had claimed a real damage of Re.1 only.
In a civil suit, actual damage claim could not be less than the
amount sought in the permanent injunction. The High Court did not
have the powers to entertain a suit where the amount claimed was
less than Rs. 5 lakhs, Dr. Singh said, adding that suits below
this amount were heard by lower courts.
The Chief Minister in her suit alleged that Mr. Verma had
tarnished her image by levelling false corruption charges against
her.
Mr. Verma had filed a complaint before the Lokayukta accusing Ms.
Dikshit of showing undue favour in grant of permits for the
`Dial-a-Cab' scheme and indulging in wrongdoings in acquisition
of land for Guru Govind Singh University at Chhawla in South-West
Delhi.
He had also alleged that one official in the Chief Minister's
office had demanded a bribe of Rs. 2 lakhs from an industrialist
for getting a favour done but could not provide any evidence to
support his claim.
Mr. Verma failed to file any affidavit in support of his
allegations. The Lokayukta latter dismissed the allegations on
May 5 on the grounds that they were based on media reports.
Dismissing the complaint, the Lokayukta, Mr. R.N. Aggarwal, had
observed, ``Mr. Verma has filed the complaint merely on the basis
of press reports and made no attempts to verify the correctness
of these reports.''
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