Jammu,May 29:The Jammu & Kashmir and Ladakh High Court has issued notice to the Union of India and three other respondents after a former constable of the Central Reserve Police Force challenged his dismissal from the force on the ground that he had not informed his superior officers of his wedding with a Pakistan national.
In his petition, former constable Munir Ahmed claims that his dismissal is “arbitrary, capricious and whimsical” and that he had informed authorities “time and again by following the procedure and rules since 2022”.
The notice comes days after the former constable, Munir Ahmed, a resident of J&K’s Bhalwal, moved court arguing that he had informed the force — not only the 72 Battalion stationed at Sodra, Sunderbani in Rajouri district but his last posting at the 41st Battalion of the CRPF at Bangrasia, Bhopal – that he had married his cousin, Menal Khan, on May 24 last year.
Issuing notice to the respondents – which include the Director General of CRPF, and Commandants of CRPF’s 41 Bn at Bangrasia, Bhopal (MP) and 72 Bn at Sodra, Sunderbani in Rajouri district (J&K) — Justice Javed Iqbal Wani gave them until the next hearing on June 30 to file objections to the writ petition.
In an official order on May 2, the Commandant 41st Battalion of the CRPF at Bangrasia, Bhopal – where he is currently posted – said Munir Ahmed was being dismissed “with immediate effect” for having “harboured a Pakistani National in India who was on a short-term visa and also married her which was not intimated to the concerned authorities, which is amounting to grave misconduct”. His action, the order said, was found to be detrimental to “national security”.
Munir Ahmed’s dismissal came after his wife Menal was among Pakistan nationals to receive a “Leave India” notice in the aftermath of the Pahalgam terror attack that killed 26 people – including a Nepal national but Munir had challenged his wife’s deportation in court.
Munir has denied the allegation of not having informed the force of his wedding, telling The Indian Express that he 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 General of CRPF “vide communication dated November 17, 2023 communicated to the Special Director General of Police that the petitioner has submitted documents as required by the department and these appear to be sufficient for the purposes of intimation as per the provisions of the Central Civil Services (Conduct) Rule 21(3),” the petition said, adding that he had “also asked for guidance in the matter for taking a final decision in the matter”.
“The DIG also vide communication dated December 12, 2023 informed the Inspector General (Adm) that the petitioner has done his duty to inform the department under the relevant rule and has submitted the relevant documents and the same have been sent to the office for necessary action/issuance of no objection certificate,” the petition said.
When he did not hear back from the department, the petitioner once again forwarded a representation to CRPF’s Commandant 72 Bn on March 8, 2024, “seeking issuance of permission/no objection certificate to his marriage with a foreigner (Pakistani girl)”.
On April 30, 2024, the Director General of CRPF “certified that the petitioner has intimated the department well within the rules”, the petition said, adding that this communication further said “there is no mention of issuing any no objection certificate under the rules”.
It was following this that allegedly Munir married Menal “through online video conferencing” due to his father’s ill-health on May 24 last year. The marriage was “duly registered in both Pakistan and in India”, and the petitioner had informed Commandant 72 Bn and IGP Jammu about it through representations in October and December, the petition said.
After the petitioner was transferred to the CRPF’s 41 Bn in Bhopal in March this year, he had informed his new commandant of his marriage and sought an interview with the Director General CRPF, the petition said, adding that Munir had also submitted details and documents of his marriage when asked for it.
The petition then goes on to say that the former constable was terminated when he was on leave “on account of a domestic problem”, saying the action “infringes upon the fundamental rights of the petitioner granted under Article 21 of the Constitution of India”.
On charges of harbouring a foreign national, Munir said his wife had been on a “visit visa” until February 28 this year and had applied for a Long-Term Visa on March 4, which was still pending.
He also points out to his career record and his “very good” performance during his performance reviews, adding that on account of his “very impeccable integrity that the Members of Parliament have recommended the Union Minister of State for Home and Union Minister for External Affairs for the issuance of visa to his wife Menal Khan”.
