Ahmedabad Rural DSP Rajnish Rai said Pathak had failed to obey the court order and was found favouring one party in a land dispute case, while Pathak claimed Rai was prejudiced. According to Rai, Pathak was suspended for gross negligence of duty. He said on November 17, 1999, in a land dispute case, the Additional Sessions Judge had ordered the land should be given to one party (Gajjar). Rai said the copy of the order was sent from his office. The other party was in possession of the disputed land in Gota and despite several requests Pathak failed to obey the court order.

In fact, despite the court order, Pathak imposed Section 145 of CrPC under which no party was to be in possession of the land and sent the papers to the Executive Magistrate, said Rai. Rai said Pathak was sent several reminders from his office and Chief Minister's office.

Meanwhile, Pathak said that he was on leave from November 7 to 14. He said while he was on leave, Rai took over and that he had never worked with him or had even seen him. He said once he resumed duty, he took charge of the case. Pathak claimed he was asked to bring about a solution and so imposed CrPC 145 restraining both the parties from entering the property. He said after two or three days the DSP called him and asked him to give possession of the land to Gajjar as there was a court order.

Pathak said on November 13 Rai visited the police station and picked up all the records. As per the rule, he was to write the crime records daily, but sometimes it was not possible to do so. Rai made a note of a pending record and asked to stop three months' increment to Pathak.