Subject: Suggestion invited on current pending case in the Delhi High Court from person having legal knowledge .
Facts of the case
1. It is an RTI case pending in the High Court, in which Central Information Commission had directed Income Tax Department to disclosed the Income Tax detail of High Profile person to me (respondent).
2. Petitioner ( Dr Naresh Trehan) had requested certain material to be removed from my ( respondent) affidavit (which has characteristics that they are true and relevant to the case) .Like CCTV footage of Rape by High profile person and case is in the Court for criminal action/ damage / etc.). Rape accused denied the incident of rape and wants that CCTV footage be removed from the case records because it is untrue and scandalous. Petitioner had repeated told false statement (in the affidavit) in the Court, which was proved deliberately stated false statement. No action was taken by the petitioner to remove his false statement. And no action, is taken by Honourable Justice on it , till date .
3. Contents sought to be removed are basically evidence of theft by the petitioners and other criminal action by the Petitioner. And non-action (on the crime done by the petitioners) by the Government agencies even after High Court and Supreme Court orders. There are other connected 5 cases/ persons , but other petitioners had not requested removal of the content. One petitioner- Government of India stated that certain facts stated by me are true like evidence of tax evasion and theft case(which sought to be removed by Dr Naresh Trehan).
4. Honourable Justice had informed us during hearing that Petitioner is his friend Honorable Justice had directed me (respondent) on the request of petitioner (Civil Procedure Code 1908 151. Saving of inherent powers of Court.-ORDER VI- 1[16. Striking out pleadings) to file new counter affidavit after removing scandalous material (scandalous matter to remove is not specified in the order)
5. Relevant rule of CPC - 16. Striking out pleadings
The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-
(a) Which may be unnecessary, scandalous, frivolous or vexatious, or
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
(c) which is otherwise an abuse of the process of the Court.]
6. In the light of above facts , I want to file new counter affidavit in the Court. Kindly take the previous affidavit as the new affidavit because I had found no material in my counter affidavit, which lacks two characteristics (that it is true and relevant to the case). In the affidavit I want to put more evidence of false statement by the Petitioner).
7. Complete pleading is on web. the web link is at .
WRIT PETITION (CIVIL) NO. 85/2010- Dr Naresh Trehan
https://docs.google.com/leaf?id=0B2kSPe2kap7aY2JhMTY1NmEtMzE1NS00ZWMwLWFkNzEtMTUwOGJmMGY3MTk4&hl=en_US
Advice Sought\Kindly suggest improvement in my planned actions.
With regards
Rakesh k gupta
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