By IANS,
New Delhi : The Delhi High Court Friday sought a response from the defence ministry on an Afghan woman’s plea seeking sanction to prosecute for bigamy an Indian army doctor, who married her during his stay in Kabul but deserted her after returning to India.
Justice S.N. Dhingra issued notice to the central government through the defence secretary, returnable before March 8, on the plea of Bibi Sabera.
Sabera, who has come from Kabul, sought directions to the Defence Ministry to accord sanction to prosecute Major Chandrashekhar Pant.
In the petition, filed through advocate Ravindra S Garia, she alleged that Pant, who was earlier employed at Indira Gandhi Hospital in Kabul during 2005-2006, converted to Islam and married her in Afghanistan.
“Pant, who was transferred back by the Army, returned to India with an assurance that he would return to Afghanistan but he neither returned nor did he call her,” it said.
“When Sabera came to India on her own, she was surprised to find that Major Pant was already married and he refused to recognize her. Nowadays, he is posted at the 69th Mountain Brigade at Pithoragarh (Uttarakhand),” it said.
Sabera, in her petition, referred to her various communications with the officials of India’s home, external affairs and defence ministries and alleged that despite assurances, sanction to prosecute Pant was not given.
According to the Criminal Procedure Code, a serving army officer cannot be prosecuted unless the competent authorities grant sanction.
Sabera, who is being assisted by the Afghan embassy, has already lodged an FIR at Pithoragarh under relevant penal provisions dealing with the offence of bigamy.
She has also sought compensation for alleged trauma and inconvenience caused to her by the Army doctor.
The Afghan mission here had also written to the external affairs ministry and sought co-operation in redressal of her grievances.
Subsequently, Sabera was asked to approach the home and defence ministry which have so far has not decided the issue, the petition said.