New Delhi: Delhi Police today denied in a court here the allegations of Umesh Goenka that it forced him to name Raj Kundra, a co-owner of Rajasthan Royals, as being involved in betting on IPL matches.
Special Cell Joint Commissioner in his reply filed before Additional Sessions Judge Ajay Kumar Jain said the allegations levelled by Goenka in his plea are "prima facie" false.
But he said they require further "corroboration" and sought time to submit a comprehensive reply. The court has fixed the matter for July 2 for further arguments on the application.
"Prima facie, the allegations levelled in the 'Retraction Petition' from paras 'a' to 's' (except para 'm') are false and hence are denied," M M Oberoi, Special Cell Joint Commissioner said in his interim reply.
The court on June 12 had directed him to file the reply after Goenka approached court alleging that he had named his friend Kundra in betting on instructions from Delhi Police personnel who had "traumatised" and "physically abused" him in illegal custody for five days.
Oberoi, however, filed an interim reply saying the allegation made by Goenka questions judicial proceedings, therefore, he needs some time to submit his detail reply after obtaining it from the court. "... allegations made bear reflection upon the judicial process whereby the statement under section 164 CrPC of the petitioner (Goenka) was recorded by the Magistrate.
"In order to submit a comprehensive reply, a request is being placed to obtain the certified copy of entire judicial process whereby this statement was recorded and as such, at this stage, this submissions may be treated as interim reply only," he said.
Goenka, whose statement has been recorded as a witness in the case, also claimed he was forced to name Kundra to save himself after police threatened to physically torture him and book him under MCOCA.
"Due to threats, torture and extreme fear of consequences on refusing to comply with the dictates of the police, I made the statement before the magistrate. It was not made voluntarily and was given under duress on directions of police," he had said in his application.
In its reply, the police also said that Goenka has named "certain hotels and hospitals in espousing his claims before the court. These claims needs further corroboration". Goenka made the remarks in an application for retraction of his June 5 statement made before a magistrate in which he had named Kundra in the cricket betting.
In his detailed application filed though his counsel Tarun Goomber, he had narrated the alleged torture at the hands of Delhi Police. Goenka said that "during the investigating the police had abducted him from his house in Ahmedabad on June 2, illegally detained him and put pressure upon him to make a statement under section 164 CrPC as per their narration/instruction."
He said he was subjected to interrogation and when he reiterated his stand about his and Kundra's non-involvement in betting, police personnel slapped him, removed his clothes and tortured him physically delivering fists and blows and slapped on his face so hard that his right ear drum got ruptured.
"That under duress, fear and to save himself from further physical torture, I agreed to name Kundra as per the wishes of the police personnel," the application said. The application further said that after recording of his statement, police took his signatures on many blank papers. On being asked by the police, his relative brought his passport to Delhi and the same was illegally seized.