PM Modi discusses development issues at NDA CMs’ Council meeting in Chandigarh
Twenty chief ministers of the NDA and their deputies engaged in the half-day conclave, the first of its kind after many years.
The seemingly harsh and indifferent treatment of the lower rungs of the military and paramilitary is the stuff of which many a contemporary headline are made, but there are “shockers” concerning the officer cadres too.
A recent order of the Armed Forces Tribunal, Chandigarh, should cause the Service headquarters to take a comprehensive review of the methods by which military justice is administered, and rendered less draconian.
Setting aside the verdict of a General Court Martial, that had convicted a lieutenant-colonel of corruption, and ordering a re-trial, the Tribunal came down heavily on the manner in which the GCM had been conducted.
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“Having extensively gone through the GCM proceedings we find that the petitioner was without the services of a legal counsel, and in such a physical state medically deemed to be ‘sick in quarters’, implying bed rest, and yet he was asked to attend trial lying down in a bed”. The Tribunal noted that while the authorities had utilised the services of a legal practitioner, “the same was not made available to the accused for most part of the trial.”
Hence the conclusion that, “this, in our opinion, degraded the quality of fairness to the petitioner to a degree of causing miscarriage of justice. Under the circumstances, such a trial by the GCM cannot be considered a fair trial as it has violated the principles of natural justice.”
It would be silly if this affair was deemed as some kind of a one-off aberration, and the Ministry of Defence must ask the Judge-Advocate General at Army Headquarters (and parallel organisations in the Navy, Air Force and the CAPF) to examine and “update” procedures by which trials are processed and punishments awarded.
For if there are more cases like the one under focus, it will be no surprise if officers too take to social media to seek redress of their grievances — no need to spell out the implications of that.
It is apparent that across the board the system by which discipline is ensured needs review — the days of “enforcing” it are coming to an end. What must also be borne in mind is that every time this kind of “horror story” does the rounds, it discourages capable young men and women from opting for a career in uniform.
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