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No evidence to show missing Navy officer was a deserter: HC

Ten years after her husband went missing from INS Viraat, Pratibha Raghuram, currently, may finally succeed in proving that her husband was not a ‘deserter’

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Ten years after her husband went missing from INS Viraat, Pratibha Raghuram, currently residing in Warangal, Andhra Pradesh (AP), may finally succeed in proving that her husband was not a ‘deserter’, as labelled by the Indian Navy.

Though Pratibha wasn’t present for the case hearing, Bombay high court on Thursday observed that there was “no evidence” to show that her husband, Raghuram, had deserted the ship. Justice Bilal Nazki and Justice AP Bhangale, however, said that “he may have been killed on shore or kept against his will.”

Raghuram, who had joined the Navy in 1987, worked as a leading electrical mechanic aircraft radio (LEMAR) in the electrical department. However, on November 10, 1998, he went missing from Goa.

In December that year, Pratibha received a letter from SK Damle, the commanding officer, informing her that an arrest warrant was issued for Raghuram. Few months later, Pratibha was evicted from her Navy Nagar house as the “deserter” label given to her husband had stripped her off all the benefits.

Elaborating on the events of November 10, 1998, Satish Shah, Pratibha’s advocate, pointed out that a head count was conducted at the time of arrival and departure from Goa and officers were made to sign the liberty register.

Shah contended that despite knowing that Raghuram had not returned, the officers on the ship took no steps to find him. Also, since his wallet and identification card were found on board, he could not have deserted the ship.

Moreover, Shah argued, that as Raghuram had been missing for 10 years and as per the Indian Evidence Act, he can be assumed to be dead.

However, the Navy’s advocate Rajeev Chavan countered his arguments stating that there was evidence to show that an officer could enter the ship without filling the liberty register. He also said that a day earlier, Raghuram was reportedly depressed due to which he could have decided to leave the ship.

Justice Nazki, however, claimed that “every desertion may be absence but every absence cannot be desertion.”

The court has asked Chavan to show the liberty register on April 28.
j_mayura@dnaindia.net
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