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HC tells Liberahan Panel not to insist on Kalyan`s appearance
New Delhi, Oct 17: The Delhi High Court today asked the Liberhan Commission not to insist on former Uttar Pradesh Chief Minister Kalyan Singh`s personal appearance on October 28, when it is scheduled to record his testimony.
New Delhi, Oct 17: The Delhi High Court today asked
the Liberhan Commission not to insist on former Uttar Pradesh
Chief Minister Kalyan Singh's personal appearance on October
28, when it is scheduled to record his testimony.
The direction came from Justice A K Sikri on the request
of Kalyan Singh's counsel M N Krishnamani and Ajay K Agrawal
after the Commission sought time to satisfy the court that it
had locus standi to "defend" its order summoning the former
Uttar Pradesh Chief Minister as a witness.
Interestingly, Additional Solicitor General (ASG) K K Sud
also supported Krishnamani's submission that no coercive steps
should be taken against Kalyan Singh in case he did not appear
before the Commission on October 28 and 29.
Earlier, Krishnamani submitted that the commission did
not have power to defend its orders as it was a quasi-judicial
body. He cited two Supreme Court rulings in favour of his
contention.
The court asked Liberhan Commission counsel Anupam Gupta
to satisfy it on the Commission's powers on this question and
adjourned the matter to November 7.
Kalyan Singh has filed an application seeking revival of an earlier petition against his summoning by the commission. The said petition was dismissed as "infractions" on April one after conclusion of recording of evidence by the commission.
Singh, who appeared before the commission on September 23 following issuance of a bailable warrant, has so far refused to depose as a witness on the ground that it would prejudice his defence in the CBI case on the demolition.
Bureau Report
Kalyan Singh has filed an application seeking revival of an earlier petition against his summoning by the commission. The said petition was dismissed as "infractions" on April one after conclusion of recording of evidence by the commission.
Singh, who appeared before the commission on September 23 following issuance of a bailable warrant, has so far refused to depose as a witness on the ground that it would prejudice his defence in the CBI case on the demolition.
Bureau Report