Tuesday, May 10 2005 21:55 Hrs (IST) - World Time -

Bangalore: In a dramatic move, IAF officer Anjali Gupta today (May 10, 2005) rejected her defence officer Wg Cdr Bhupesh citing differences with him and sought time to appoint a civil counsel to fight her case in the General Court Martial (GCM), which is trying her on charges including insubordination and financial irregularities.

In a related development, Karnataka High Court refused to stay "at this stage'' the court martial proceedings on a petition filed by Gupta who alleged the proceedings were "vitiated" with "malafide exercise" of powers by her superior officers.

Presiding officer of GCM Group Captain V Ganesh allowed Gupta "a last and final chance" till May 16 to find a defence counsel to fight her case but maintained that the IAF had provided all assistance to Gupta in finding a defence officer of her choice and it could not be faulted for non-cooperation.

"The defence officer should be withdrawn as my line of defence is different to what the defence officer is putting in and there are differences between us in this," Gupta said in her plea to the court, after she refused to sign the plea by the defence officer questioning the jurisdiction of the court.

The Court adjourned till May 16 directing Gupta to find a defence counsel as last and final chance to defend her case and "the court will not accept any further objections in this regard".

The Court also directed Gupta to appear before the Court of Inquiry (CoI), formed to look into the sexual harassment charges made by her against three of her superiors, after the Prosecutor Wg Cdr R D Dubey sought its permission.

In her petition, Gupta claimed she was being cornered by her three superior officers as she had questioned the "mismanagement" and "corrupt practices". She alleged she had drawn the "ire" of her superiors as she had not taken their "illegal instructions" and had refused to be part of the activities involving corruption.

Contending that the court martial proceedings against her were "illegal", she pleaded in her 28-page petition that they be quashed.

Justice H L Dattu, constituting the vacation bench, however refused to stay the proceedings "at this stage".

The GCM court reiterated that Gupta was free to bring a defence counsel at any stage of trial at her own cost.

"There is disagreement between the self and defence officer on the grounds of attack and the line of attack in the GCM under the particular plea," Gupta said, for which the prosecutor raised objections stating that her plea was not in accordance with rules and "was yet another ploy by the defence to stall the GCM proceedings by employing dilly dallying tactics".

Appreciating the efforts by Wg Cdr Bhupesh in putting a defence for Gupta, it directed him to be the defence officer or as friend of the accused till it takes a decision.

The court pointed out that Gupta had been offered a choice of defence officers but she had rejected two, including one saying he was not professionally qualified.

"She cannot have a spree of defending officers, the Air Force cannot afford to provide..," the court said.