IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE
JURISDICTION)
SPECIAL LEAVE PETITION (C) NO. _____ OF 20__
IN THE MATTER OF:
R K P
...PETITIONER
VERSUS
UNION OF INDIA AND
ORS.
...RESPONDENTS
COUNTER AFFIDAVIT OF BEHALF OF RESPONDENT NO. 1
I,
_____, aged about __ years, S/o _____________, R/o House
No.______________________
_______________, do hereby solemnly state and affirm as under;
1. That I am Respondent No. 1 in the abovementioned Special Leave Appeal and
being familiar with the facts and circumstances of the case, hence am competent
to swear this Affidavit.
2. That the contents of the present Special Leave Appeal filed by the Appellant
(hereinafter referred to as "the Present SLP") has been read over to
me in a vernacular language and I have understood the contents thereof, save
and except what is specifically admitted herein, no part in the present SLP
which is not expressly dealt with shall be deemed to be admitted and I crave
Leave to those paragraphs during the course of argument as may be necessary.
3. I Say that the Answering Respondent is filing the instant Counter Affidavit
to Present SLP to bring on record correct facts and circumstances of the case.
4. At the outset, I repeat, reiterate, confirm and adopt all that has been
stated by Answering Respondent in the Writ Petition (PIL) No. ____ of ____. I
say that the omission on my part to deal with any statement or contention made
in the present SLP shall not be treated as admission thereof. I hereby deny
each and every allegation, contention and submission contained in the present
SLP under reply which is contrary to or inconsistent with what is stated by me
hereunder. I reserve my right to file further affidavit in the matter if the
need arises. I do not admit any of the allegations and contentions made by the
Petitioners in the present Special Leave Appeal and deny everything that is
stated therein so far as it is contrary to or inconsistent with anything that
is stated by me hereinafter.
PRELIMINARY SUBMISSIONS
5.
That the Present Special Leave Appeal concerns only the direction given by the
Hon'ble High Court to CBI to hold a preliminary enquiry into the allegations of
corruption against the Petitioner regarding his income and properties owned by
him, his kith and kin. The Hon'ble High Court made it clear that when the CBI
embarks upon a preliminary enquiry, the Petitioner should not be arrested, but
could be interrogated and no case be registered against him. The CBI was
directed to hold preliminary enquiry and submit report before the Hon'ble High
Court.
6. That the Respondents have not pleaded any facts, or annexed any documents in
this affidavit which were not pleaded or were not part of record in the Court
below.
REPLY ON MERITS
7. The
Answering respondent puts in its parawise reply to the petition subject to and
without prejudice to the preliminary objections mentioned above:
1. Contents of Para 1 and 1A are matters of record and need no reply. Contents
of paras hereinabove are reiterated and reaffirmed.
2.
REPLY TO QUESTION OF LAW
It is
denied that the Present Special Leave Petition raises any question of law much
less substantial question of law of general public importance for consideration
of this Hon'ble Court and is liable to be dismissed with costs. Without
Prejudice the answering respondent submits as under:-
A.
TO C.
The
alleged questions of law under reply filed by the petitioner are baseless,
misconceived and does not arise for consideration of this Hon'ble Court.
D
The
alleged question of law under reply framed by the Petitioner is baseless,
misconceived and does not arise for consideration by this Hon'ble Court.
H
The
alleged question of law framed by the Petitioner is baseless, misconceived and
does not arise for consideration by this Hon'ble court. The Hon'ble High Court
has already considered all the facts and circumstances of the case and rightly
pronounced its Judgment / Order.
3. Contents of the Para 3 are denied for want of knowledge. 4. Contents of Para
4 need no reply
REPLY TO THE GROUNDS
5.
Contents of the Para 5 of the petition are misconceived and denied. Parawise
reply to the grounds is as under:
A, B, C & D
Grounds
A, B, C & D are misconceived, baseless and denied and the averments made in
the paras hereinabove are reiterated and reaffirmed. That the contents of the
ground under reply have been replied specifically in the preliminary
submissions supra and the same are not repeated herein for the sake of brevity.
E.
Grounds
E is misconceived, baseless and denied and the averments made in the paras
hereinabove are reiterated and reaffirmed. That the contents of the ground
under reply have been replied specifically in the preliminary submissions supra
and the same are not repeated herein for the sake of brevity.
6.
REPLY TO GROUNDS FOR INTERIM RELIEF
Contents
of para 6 are misconceived, baseless, wrong and denied and submissions are in
the para hereinabove are reiterated and reaffirmed.
A TO J
Contents
of para A to J are misconceived, baseless, wrong and denied and submissions are
in the para hereinabove are reiterated and reaffirmed. It is denied that the
alleged petitioner has a prima facie case on merits and is likely to succeed
before this Hon'ble Court at all. It is denied that the petitioner would suffer
any irreparable loss or injury, as alleged or at all. The balance of
convenience is in favour of the respondent. The answering Respondent has good
prima-facie case while the petition is only speculative in nature.
In
view of the abovementioned facts and law, it is respectfully submitted that the
Special Leave Petition has no merit and deserves to be dismissed with costs.
DEPONENT
VERIFICATION:
I, the
above named Deponent, do hereby verify that the contents of the above Affidavit
are true and correct to my knowledge, no part of it is false and nothing
material has been concealed there from.
Verified at _____________on this ___ day of ________ 20__.
DEPONENT
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