New Delhi: 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.
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 tomorrow for pronouncing the order on the
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
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.
59-year-old Aseemanand, prime accused in Hyderabad`s
Mecca Masjid blast case, in his confessional statement had
said he and several other Sangh activists played a direct role
in Malegaon, Samjhauta Express, Ajmer and Mecca blasts.
Sources in the investigating agencies had said Aseemanand
had given a detailed description of the involvement of the
activists and self-styled spiritual leaders in several terror
attacks across the country during the last three years.
The statement, recorded in camera, was published in the