”Theres a compelling reason why the defense establishment which
includes politicians, bureaucrats and military bureaucrats needs to
stop the tide of corruption”, asserts Tehelka in its issue on corruption
in Defense Forces in India. It goes further: ”The COI found them
guilty and it recommended that (Gen) Prakash be sacked. However,
(Gen) Kapoor stepped in and recommended that only administrative
action should be taken against him. This caused so much commotion
that Antony had to write a letter to the army chief asking for a court
martial.”1
Where does this leave Military Justice system is a question I first raise in
this article. The thesis of this paper is that the current Military Justice System,
as it exists in India, is weighed against ”the accused” and is totally violative of
the human rights accorded to him for a fair trial under the Human Rights Law
accepted the world over.
I am not arguing that the real law breakers should be left to escape. Just
the contrary. Did Gen Kapoor attempt to give his Principal Staff Officer an
escape route by not bringing charges against him for an offence that demanded
disciplinary action? If yes, it may be violative of the military criminal justice
(obstruction of justice: an act with the intent to influence, impede, or otherwise
obstruct the due administration of justice) if he has done the same for reasons
he can not justify. Was it an error of judgement? To come under pressure from
RM to order a court martial when his sound military professional judgement
concluded otherwise, (and he as the commanding officer is the sole authority to
decide this) may be violative of a covenant duty as a commanding officer. If
he did, he himself may have committed ”an act prejudicial to good order and
military discipline”2
To come under pressure because of media onslaught and to ask the Chief
to order a court martial may itself be violation of law by the RM because he
is interfering with strictly judicial powers of the Chief and RM by this act
may have violated his oath of office (an act with the intent to influence the
due administration of justice). Please note, Caesar divorced his wife, Pompeia,
saying that ”my wife ought not even to be under suspicion.” This gave rise to
a proverb, sometimes expressed: ”Caesar’s wife must be above suspicion.”
Should the error of judgment (in case the Chief did not have adequate jus-
tification to recommend administrative action instead of court-martial) and/or
the act of succumbing to exterior pressure against his best judgment as the
sole authority to decide the course of action under the judicial powers bestowed
specifically in him as the Commanding Officer, and the action of the RM in
trying to influence a strictly judicial function of the Chief be ignored while the
institution is more than enthusiastic to punish Lt Gen P K Rath for an ”error
of judgment” or for that matter Lt Gen Avadesh Prakash for attempting to
influence the decision making of a field commander, all because they appeared
as ”the accused” ? Those who throw stones should not live in glass houses! Just
think about it! A serious critical analysis will expose more skeletons in
the cupboard than we would like to see.
More:
Time to Put Military Court Martial on Trial -
http://www.docstoc.com/docs/81026213/Time-to-Put-Military-Court-Martial-on-Trial
includes politicians, bureaucrats and military bureaucrats needs to
stop the tide of corruption”, asserts Tehelka in its issue on corruption
in Defense Forces in India. It goes further: ”The COI found them
guilty and it recommended that (Gen) Prakash be sacked. However,
(Gen) Kapoor stepped in and recommended that only administrative
action should be taken against him. This caused so much commotion
that Antony had to write a letter to the army chief asking for a court
martial.”1
Where does this leave Military Justice system is a question I first raise in
this article. The thesis of this paper is that the current Military Justice System,
as it exists in India, is weighed against ”the accused” and is totally violative of
the human rights accorded to him for a fair trial under the Human Rights Law
accepted the world over.
I am not arguing that the real law breakers should be left to escape. Just
the contrary. Did Gen Kapoor attempt to give his Principal Staff Officer an
escape route by not bringing charges against him for an offence that demanded
disciplinary action? If yes, it may be violative of the military criminal justice
(obstruction of justice: an act with the intent to influence, impede, or otherwise
obstruct the due administration of justice) if he has done the same for reasons
he can not justify. Was it an error of judgement? To come under pressure from
RM to order a court martial when his sound military professional judgement
concluded otherwise, (and he as the commanding officer is the sole authority to
decide this) may be violative of a covenant duty as a commanding officer. If
he did, he himself may have committed ”an act prejudicial to good order and
military discipline”2
To come under pressure because of media onslaught and to ask the Chief
to order a court martial may itself be violation of law by the RM because he
is interfering with strictly judicial powers of the Chief and RM by this act
may have violated his oath of office (an act with the intent to influence the
due administration of justice). Please note, Caesar divorced his wife, Pompeia,
saying that ”my wife ought not even to be under suspicion.” This gave rise to
a proverb, sometimes expressed: ”Caesar’s wife must be above suspicion.”
Should the error of judgment (in case the Chief did not have adequate jus-
tification to recommend administrative action instead of court-martial) and/or
the act of succumbing to exterior pressure against his best judgment as the
sole authority to decide the course of action under the judicial powers bestowed
specifically in him as the Commanding Officer, and the action of the RM in
trying to influence a strictly judicial function of the Chief be ignored while the
institution is more than enthusiastic to punish Lt Gen P K Rath for an ”error
of judgment” or for that matter Lt Gen Avadesh Prakash for attempting to
influence the decision making of a field commander, all because they appeared
as ”the accused” ? Those who throw stones should not live in glass houses! Just
think about it! A serious critical analysis will expose more skeletons in
the cupboard than we would like to see.
More:
Time to Put Military Court Martial on Trial -
http://www.docstoc.com/docs/81026213/Time-to-Put-Military-Court-Martial-on-Trial
