Tuesday, 6 May 2014

Legal Notice to Smt. Meenakshi Lekhi and Times Now T.V. Channel

Dated: 29.04.2014

To,
1. Smt. Meenakshi Lekhi,
    National Spokes Person (BJP),
    11, Asoka Road,
    New Delhi-110001
2. Publisher,
    Times Now T.V. Channel,
    Times Centre, FC-6, 2nd Floor, 
    Film City, Noida Sector-16 A, 
    Noida – 201301

Legal Notice

Under the instruction and on behalf of Sh. R.B. Sreekumar S/o Late R. Bhaskaren Nair, R/o Plot No. 193, “Sreelekshmideepam” Sector – 8, Gandhinagar – 382008 Gujarat (hereinafter mentioned as “our client”) the following notice is served upon you for necessary action:
1.            That our client is a retired IPS officer belonging to Gujarat cadre. Our client retired as Director General of Police, Gujarat on 28th February 2007. He is a Post Graduate in four subjects, is a recipient of President’s Police Medal for Meritorious Service in 1990 and President’s Police Medal for Distinguished Service in 1998. The authorities ensure before decoration that the person deserves and is free from adverse comments/noting in the service records. Our client is awarded eight times for his services to the society and is well respected in the society.
2.            That our client joined All India Services on 30-07-1971. Our client had served Central and State Government’s police/intelligence services distinguishably without any blemish.
3.            That addressee no. 1 is the spokesperson of Bharatiya Janata Party (BJP) and addressee no. 2 is a publisher and owner of the television channel “Times Now”    
4.            That addressee no. 1 in order to defame our client had organized a press conference on 07.11.2013 and same was aired by addressee no. 2 without verification. Our client tried to defend himself in his televised discussion on 8.11.2013
5.            That addressee no. 1 in the said press conference on 7.11.2013 knowingly made a false statement that our client framed a false case against Mr. Nambi Narayanan of ISRO and had torpedoed the space programme of India. Addressee No.1 had also made disparaging comments against our client. The same was freely available on “you tube”. The addressee no. 1 reiterated the same in her press statement dated 12.11.2013. In the said press statement addressee no. 1 had called our client “a corrupt police officer” and also falsely mentioned that our client was charge sheeted by UPA government, contrary to facts. These were done to tarnish the reputation and image of our client.
6.            That addressee no.1 falsely stated that our client “fabricated an espionage case” whereas Kerala Police had registered the cases. Our client had nothing to do with the registration of these cases and their investigation. This was done purposely to destroy the reputation and image of our client.
7.            That the above false imputation by addressee no. 1 had seriously harmed the reputation and defamed our client. The same has caused severe mental agony and anguish to our client who retired as DGP of Gujarat as a decorated civil servant. The gist of the facts is as follows:
A.     In the year 1994 our client was posted at Trivandrum, Kerala as Dy. Director, Subsidiary Intelligence Bureau. At that time Kerala Police, Trivandrum registered two cases namely, FIR No225/1994 dated 20.10.1994 and FIR No.246/1994 dated 14.11.1994 u/s 14 of Foreigners Act’46 &3, 4 of Official Secrets Act’23 r/w34 of IPC.
B.     Under instructions and with the knowledge of Joint Director –Subsidiary Intelligence Bureau (SIB), Trivandrum, our client and other officials of Intelligence Bureau (IB)assisted in the interrogation of the accused persons arrested in the case by the Special Investigation Team (SIT) constituted to investigate the said case under the leadership of Shri. Sibi Mahews, DIG of Police, Kerala Police. Our client submitted the gist of interrogation to Jt. Director, SIB. This was done at the interest of national security and integrity.
C.     Subsequently the above cases were transferred to CBI for further investigation. CBI refused to accept the assistance of SIB or IB during their investigation. At the end of investigation CBI proposed departmental action against the officials of Kerala Police, officials of SIB including our client and officials of IB. However Kerala Government refused to initiate any departmental action against its officers who investigated the above cases.
D.     But the Union Government under the aegis of Sh. Atal Bihari Vajpayee of BJP issued a charge sheet dated 17.11.1999 seeking the explanation of 8 IB officials and our client. Our client submitted his explanation dated 28.08.2000.
E.      The Union Government did not take any further action.
F.      The Gujarat Government of BJP granted promotions to our client.
G.     In 2002 Gujarat riots happened. At that time our client was posted as Addl DGP (Intelligence) at Gandhinagar, Gujarat.
H.     In 2004, when the Union Government of United Progressive Alliance (UPA) was in power, the Union Government decided to pursue two charges out of the nine articles of charge mentioned in the charge sheet given to our client in 1999 by the NDA government. A regular oral enquiry was conducted. As charges were not proved in the enquiry, the Union Government accepted the Inquiry report and decided to drop further action against our client. The same was communicated to our client vide order dated 24.01.2005.
I.        Our client submitted a total of 9 affidavits to Justice Nanavati Commission constituted to enquire about Gujarat riots. Angered by the truth mentioned in the affidavits of our client filed subsequent to riots, the Gujarat Government of BJP started persecuting our client in many ways.  On 18th September 2002 our client was posted as Addl.DGP (Police Reforms) without any charter of duties. In February, 2005 our client was superseded in promotion to the rank of DGP without any valid reason. Our client challenged this supersession before Gujarat High Court who was pleased to quash the unfair supersession.
J.       Our client retired from the service on 28th February 2007. But the persecution by the Gujarat Government of BJP continued. Our client was denied pension benefit for approximately two years and continues to use our client against his wishes, as an instrument to fight against the UPA government at the Centre, by misrepresentation of facts.
8.            Our client was served with a charge sheet by the State Government in September 2005. Our client challenged the fallacy of the said charge sheet before the Central Administrative Tribunal, Ahmedabad, who struck down the said charges against him. The Government had appealed to the High Court of Gujarat  which is pending as appeal no.SCA-4150/2008. The next date of hearing the appeal is fixed for 13-06-2014.
9.            That the defamatory statements made by addressee no. 1 and telecast by addressee no. 2, knowing the same to be false, has not only harmed the reputation of our client before the society but has also caused irreparable loss to his image before his peers in the society and same has caused mental agony to our Client.
10.        That the false statements made by addressee no. and telecast by addressee no. 2 is slanderous and defamatory and with a view to bring down the reputation of our client in the eyes of the society.
11.        That the mental pain and agony caused to our client by your malicious actions cannot be quantified in terms of money and our client has decided to claim a token compensation of Rs. 1,00,000/- (Rupees One Lakh Only) as damages for the misdeeds committed by the addresses against our Client. All the addressees are jointly and severally liable to pay above mentioned damages to our Client.
By way of this Legal Notice we thereby call upon you all to telecast an unconditional apology for the defamatory and slanderous material used against our client, within 15 days from the date of receipt of this notice. You are also required to pay a sum of Rs. 1,00,000/- (Rupees One Lakh Only) towards token damages for the mental pain and agony caused to our Client due to your actions and for lowering the reputation of our Client failing which we have definite instructions from our client to take necessary action against you and in that event you shall also be liable for all costs and consequences resulting there from. You are also liable to pay Rs. 11,000/- towards cost of this notice.

Copy retained for further action.

Yours truly,


O. Tee. & Company
Advocates