Thursday, October 18, 2012

SC dismisses plea against Rahul, fines ex-SP MLA

NEW DELHI, October 18, 2012 (PTI)

The Supreme Court on Thursday slapped a Rs. 5 lakh fine on an ex-SP MLA while dismissing as without substance his petition against Rahul Gandhi in which he had alleged that the Congress leader had confined a girl in Uttar Pradesh.

"The allegation is without substance and without an iota of evidence," a bench of justices B S Chauhan and Swatanter Kumar said.

"The reputation of respondent no 6 (Rahul Gandhi) has been damaged by the undesirable act of the petitioner (ex-Samajwadi Party MLA Kishore Samrite)," the bench said.

The apex court further said the petition filed against Mr Gandhi was "misconceived" and that Mr Samrite abused the process of law on the basis of incorrect statement.

The bench passed the order on an appeal filed by Mr Samrite challenging an order of the Allahabad High Court which had dismissed his plea against Mr Gandhi and imposed a cost of Rs. 50 lakh on him for filing a frivolous petition. The high court had also directed a CBI probe against the ex-SP MLA from Madhya Pradesh.

Mr Samrite had then approached the apex court against the High Court's order.

Rejecting his plea, the Supreme Court said, "the petition filed by him was not bonafide" and there was no case of illegal confinement as the girl, who was allegedly kidnapped, had made no complaint.

The bench, however, said that the cost imposed by the High Court was exorbitant and reduced it.

It said that the CBI will continue with its probe against Mr Samrite and other persons who are involved in filing of the frivolous petition and asked it to submit a report within six months.
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