Friday, Jun 24, 2005
Friday, Jun 24, 2005 |
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Bangalore
Staff Reporter
BANGALORE: The general court martial jury on Thursday cautioned H.B. Mishra, defending counsel of Indian Air Force Flying Officer, Anjali Gupta, for using language not befitting the occasion and warned him against behaving contemptuously. The jury cautioned Mr. Mishra when he used the term "antakshari" for stopping the Prosecutor, Wg. Cdr. R.K. Dubey, when he got up to clarify about the position of law related to a point raised by Mr. Mishra. Mr. Mishra argued with the Judge Advocate, Sqr. Ldr. Suhag, about the latter's role in conduct of the proceedings. This made the presiding officer, Gp. Capt. V. Ganesh, say: "He (judge advocate) is conducting the court martial proceedings with my concurrence. I, the judge advocate, and the members know our duties well." Thursday's proceedings began with Mr. Mishra submitting a four-hour rejoinder to the prosecutor's objections. The prosecutor on Wednesday had objected to Mr. Mishra's application seeking three days time for preparing the defence, examining documents and summoning witnesses.
11-page rejoinder
The 11-page rejoinder of Mr. Mishra was centred on the point that he must be provided accommodation in the Aircraft and Systems Testing Establishment's (ASTE) officer's mess where Ms. Gupta is staying. The present officers' mess in Jalahalli where he has been asked to stay is 40 km. away from the ASTE officer's mess. This affected in preparation, he said. He said the IAF administration, by lodging him far away from the ASTE mess, is denying Ms. Gupta a proper opportunity to defend her case through discussions with her counsel. The jury rejected this plea stating it was beyond its powers. While reading the rejoinder asked Mr. Mishra to stick to his pleadings and the points in issue when he diverted and brought in other matters. It was only after a direction by Gp. Capt. V. Ganesh around 4 p.m. that Mr. Mishra read the last paragraph. Later passing an order, Gp. Capt. Ganesh directed the prosecutor to direct the presence of Sq. Ldr. A.K. Sharma of Head Quarters Training Command on Monday for clarifying about some points raised by Mr. Mishra, which is related to initiation of court martial proceedings. He allowed Mr. Mishra to have a look at the court martial proceedings, but denied him copies of it citing the Air Force Rules.
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