The Jammu & Kashmir and Ladakh Excessive Courtroom has issued discover to the Union of India and three different respondents after a former constable of the Central Reserve Police Power challenged his dismissal from the drive on the bottom that he had not knowledgeable his superior officers of his marriage ceremony with a Pakistan nationwide. In his petition, former constable Munir Khan claims that his dismissal is “arbitrary, capricious and kooky” and that he had knowledgeable authorities “again and again by following the process and guidelines since 2022”.
The discover comes days after the previous constable, Munir Khan, a resident of J&Okay’s Poonch, moved court docket arguing that he had knowledgeable the drive — not solely the 72 Battalion stationed at Sodra, Sunderbani in Rajouri district however his final posting on the forty first Battalion of the CRPF at Bangrasia, Bhopal – that he had married his cousin, Menal Khan, on Might 24 final 12 months.
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Issuing discover to the respondents – which embody the Director Normal of CRPF, and Commandants of CRPF’s 41 Bn at Bangrasia, Bhopal (MP) and 72 Bn at Sodra, Sunderbani in Rajouri district (J&Okay) — Justice Javed Iqbal Wani gave them till the following listening to on June 30 to file objections to the writ petition.
In an official order on Might 2, the Commandant forty first Battalion of the CRPF at Bangrasia, Bhopal – the place he’s presently posted – mentioned Munir Ahmed Khan was being dismissed “with rapid impact” for having “harbored a Pakistani Nationwide in India who was on a short-term visa and in addition married her which was not intimated to the involved authorities, which is amounting to grave misconduct”. His motion, the order mentioned, was discovered to be detrimental to “nationwide safety”.
Munir Khan’s dismissal got here after his spouse Menal was amongst Pakistan nationals to obtain a “Depart India” discover within the aftermath of the Pahalgam terror assault that killed 26 folks – together with a Nepal nationwide however Munir had challenged his spouse’s deportation in court docket.
Munir has denied the allegation of not having knowledgeable the drive of his marriage ceremony, telling The Indian Categorical that intimated the CRPF of his marriage and that the latter had acknowledged it in a communication.
In his petition, he claims to have first intimated the CRPF of his impending marriage in 2022, which was returned with some objections to which he responded in October 2023. On November 17, 2023, the Inspector Normal of CRPF “vide communication dated November 17, 2023 communicated to the Particular Director Normal of Police that the petitioner has submitted paperwork as required by the division and these seem like adequate for the needs of intimation as per the provisions of the Central Civil Companies (Conduct) Rule 21(3),” the petition mentioned, including that he had “additionally requested for steerage within the matter for taking a last determination within the matter”.
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“The DIG additionally vide communication dated December 12, 2023 knowledgeable the Inspector Normal (Adm) that the petitioner has finished his obligation to tell the division underneath the related rule and has submitted the related paperwork and the identical have been despatched to the workplace for essential motion/issuance of no objection certificates,” the petition mentioned.
When he didn’t hear again from the division, the petitioner as soon as once more forwarded a illustration to CRPF’s Commandant 72 Bn on March 8, 2024, “looking for issuance of permission/no objection certificates to his marriage with a foreigner (Pakistani lady)”.
On April 30, 2024, the Director Normal of CRPF “licensed that the petitioner has intimated the division effectively inside the guidelines”, the petition mentioned, including that this communication additional mentioned “there is no such thing as a point out of issuing any no objection certificates underneath the principles”.
It was following this that allegedly Munir married Menal “by on-line video conferencing” attributable to his father’s ill-health on Might 24 final 12 months. The wedding was “duly registered in each Pakistan and in India”, and the petitioner had knowledgeable Commandant 72 Bn and IGP Jammu about it by representations in October and December, the petition mentioned.
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After the petitioner was transferred to the CRPF’s 41 Bn in Bhopal in March this 12 months, he had knowledgeable his new commandant of his marriage and sought an interview with the Director Normal CRPF, the petition mentioned, including that Munir had additionally submitted particulars and paperwork of his marriage when requested for it.
The petition then goes on to say that the previous constable was terminated when he was on depart “on account of a home downside”, saying the motion “infringes upon the elemental rights of the petitioner granted underneath Article 21 of the Structure of India”.
On fees of harbouring a overseas nationwide, Munir mentioned his spouse had been on a “go to visa” till February 28 this 12 months and had utilized for a Lengthy-Time period Visa on March 4, which was nonetheless pending.
He additionally factors out to his profession report and his “superb” efficiency throughout his efficiency evaluations, including that on account of his “very impeccable integrity that the Members of Parliament have really useful the Union Minister of State for Dwelling and Union Minister for Exterior Affairs for the issuance of visa to his spouse Menal Khan”.