New Delhi: Umesh Goenka, the business partner of Rajasthan Royals owner Raj Kundra, today claimed in a court here that he was forced to name him in cricket betting on instructions from Delhi Police personnel who had "traumatized" and "physically abused" him in illegal custody for five days.
Goenka, whose statement has been recorded as a witness in the case, also said he was forced to name his friend Kundra to save himself from physical torture and from being booked under MCOCA, as threatened by the police.
"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 said.
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. Additional Sessions Judge Vinay Kumar Khanna heard brief arguments and directed the Special Cell of Delhi Police to file its response.
"Special Cell to file reply with supporting affidavit of its in charge on or before June 14," he said. Goenka said he was not disclosing the truth after the court pulled up the police for invoking MCOCA while giving bail to accused persons in the IPL spot-fixing case.
In his detailed application filed though his counsel Tarun Goomber, he 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 forcibly taken to a hotel by two officials of Special Cell and then flown to Delhi and brought to Special Cell office in Lodhi Colony where he was asked to disclose his and Kundra's involvement in the cricket match betting.
Goenka said that on his saying that neither he nor Kundra was involved in betting, he was put in a lockup and then produced before Special CP. He was not allowed to meet his nephew who had also flown to Delhi. He also said he was then shifted to a hotel in Karol Bagh area and kept in illegal confinement and brought back to Special Cell office on June 3.
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. He added he was again kept in an illegal confinement at a hotel on June 4 where he was also given a typed statement to read which mentioned the involvement of Raj Kundra in cricket betting.
When he refused to make the false statement, he was threatened that if he protests MCOCA would be registered against him as had been done with other accused. Goenka said the next morning on June 5, he was taken to the magistrate's chamber for recording his statement and warned against revealing how he was tortured. 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.