Chandigarh, May 2
Major Maneesh Bhatnagar, who is being tried by a general court martial for alleged dereliction of duty, today wrote to the court’s convening authority seeking the setting aside of the warning issued to him and his counsel yesterday.
Major Bhatnagar’s counsel, Capt Rajneesh Bansal, had withdrawn from the trial yesterday after the court issued him a warning and intimated him that it would move the Bar Council against him. Captain Bansal had termed the warning as unwarranted and uncalled-for. The court had also warned the accused on his conduct in court.
The accused officer also sought adjournment for 12 days in order to engage another counsel. After the court asked him if he was planning to re-engage Captain Bansal or hiring a new counsel, Major Bhatnagar said he was not sure whether Captain Bansal would be willing. The court adjourned till tomorrow.
Meanwhile, in the other ongoing GCM of Maj V. K. Madhan, little progress could be made as the day’s proceedings remained focused on records being made by the prosecution and the defence as well as reports pertaining to the trial appearing in a section of the media.
During the cross-examination of Col A. Kayastha, a medical specialist, the prosecution objected to a question put by the defence on the grounds that it was being repeated.
When the prosecution counsel examined his records to find the particular question, the Judge Advocate (JA) intervened. He maintained that as per the Army Act, court proceedings could not be recorded by any party except the JA, and asked the prosecution counsel to hand over the records to him. He added that both parties could inspect the records in his custody, if required.
At this, the prosecution counsel said that if his records were to be inspected, the records maintained by the defence should also be put before the court. The defence counsel declined, saying that his notes were for the purpose of cross-examination and these could not be shown to the court.
Following a submission by the prosecution counsel, the JA, in his advice, said that as per of the Army Act, the defence and the prosecution could not record the transactions of the court verbatim, but could instead make “small” notes for the purpose of reference.
The JA also noted that a report published in a local daily mentioned transactions which took place in closed court, to which only the JA and members of the court were privy. He drew the attention of the court to provisions of the Army Act under which the court could warn the reporter concerned or debar him from attending the proceedings.
The court directed both counsel to refrain from recording the transactions of the court verbatim and instead make “small’ notes for reference. It also directed the prosecution counsel to destroy his records which were put before the court.