A court of inquiry was convened to investigate the allegations, following which he was charged under Section 45 of the Army Act for behaving in a manner unbecoming his position and the character expected of him
The Armed Forces Tribunal has reduced the sentence of a Colonel who was dismissed from service by a General Court Martial (GCM) for having an improper relationship with a junior officer’s wife to loss of two years’ past service for the purpose of pension and a severe reprimand.
The sentence of loss of service and reprimand was originally handed down to the Colonel, but was later enhanced to dismissal after the GCM’s convening authority asked the court to revise its findings on review of the proceedings.
The Tribunal’s Chandigarh Bench comprising Justice Sudhir Mittal and Lt Gen Ranbir Singh held that no reasons whatsoever have been given by the GCM on imposing a higher sentence and the GCM could have chosen to order dismissal by considering the revisional order to be a direction to pass such a sentence.
The officer had averred before the Tribunal that there were procedural infirmities during the entire process and the findings of the GCM were perverse as the evidence on record did not support them. He had also claimed that revisional order was illegal as the confirming authority had exceeded its jurisdiction by issuing directions that usurped the GCM’s authority.
The officer was posted at Bathinda military station when he allegedly got into an improper relationship with the wife of a Lieutenant Colonel posted in the same office. He had been caught late night with the lady in her house while her husband was away. A complaint in this regard was made to the higher authorities.
A court of inquiry was convened to investigate the allegations, following which he was charged under Section 45 of the Army Act for behaving in a manner unbecoming his position and the character expected of him. It carries a maximum sentence of cashiering from service.
In November 2018, the GCM awarded two years’ loss of seniority and reprimand to the Colonel and then in March 2019, re-assembled and after “attentively considering the observations of the confirming authority”, revoked the earlier sentence and ordered dismissal from service.
“In view of the above, the sentence of dismissal from service is remitted in whole and is replaced with the earlier sent found by the GCM to be commensurate with the gravity of the offence,” the Bench ruled in their order of May 30.
The Bench added that since the officer has now crossed the age of superannuation, he shall not be reinstated, but will be notionally treated to be in service up to the date of his actual retirement and will be paid pension and other benefits accordingly.
Adultery in armed forces: Why it remains a disciplinary offence
In the Acts of the three services, the term ‘adultery’ is not used and within the armed forces the offence is described as ‘stealing the affections of a fellow brother’s wife’
In a recent judgement, the Chandigarh bench of the Armed Forces Tribunal has reduced the sentence of a Colonel, dismissed from service by a General Court-Martial (GCM) for having an improper relationship with a junior officer’s wife, to loss of two years’ past service for the purpose of pension and a severe reprimand.
In civilian parlance, the act is known as “adultery”, but in the vocabulary of the Indian armed forces, it is still referred to in quaint and antiquated terms, like “stealing the affections of a brother officer’s wife”.
Although “adultery” was removed from the statute books in 2018, following a Supreme Court order, which means it is no longer a crime, it continues to be a punishable offence in the armed forces, ostensibly because of the adverse effect it may have on discipline and morale.
The sentence of loss of service and reprimand was originally handed down to the Colonel, tried under Section 45 of the Army Act, but was later enhanced to dismissal after the GCM’s convening authority asked the court to revise its findings on review of the proceedings.
The bench observed that no reasons whatsoever have been given by the GCM on imposing a higher sentence and the GCM could have chosen to order dismissal by considering the revisional order to be a direction to pass such a sentence.
What is a General Court-Martial (GCM)?
In the Indian Armed Forces, a General Court-Martial is an ad hoc court assembled to try erring personnel for various offences under the Army, Air Force or Navy Act. The GCM has the powers and jurisdiction of a sessions court and can award any punishment, including the sentence to death. Any person subject to these acts can be tried by a GCM.
There are detailed legal provisions, rules and instructions on conducting trials by court martial. Besides a GCM, there are other types of court martial like Summary General Court-Martial (SGCM), District Court-Martial (DCM) and Summary Court-Martial (SCM). An SGCM is a GCM held under field conditions such as a war zone or operational areas like Kashmir. DCM and SCM are for trying personnel below officer rank for less serious charges.
A court martial is convened after a court of inquiry and subsequent procedures like hearing of charge and recording of summary of evidence are able to establish wrongdoing and prima facie a case is made out for disciplinary action against those deemed to be blameworthy.
A GCM consists of five or seven members and is headed by a presiding officer who is at least one rank senior to the accused. The other members are of equal to or senior in rank to the accused, but cannot be junior. The rationale behind the GCM is that a person accused of wrong doing is to be tried and adjudged by his peers.
Members of a court martial are nominated by senior commanders based on availability. The proceedings are conducted by the judge-advocate, an officer from the Judge Advocate General’s (JAG) Department, the forces’ legal branch, who may be the sole legally qualified person who advises the court on legal and administrative nuances and maintains a record of the proceedings.
Both the prosecution and the defence in a court martial are entitled to legal counsel for presenting their case. Examination and cross-examination of the accused and witnesses are conducted as in a civilian court. Once a court martial pronounces its sentence, it has to be confirmed by the court’s convening authority, which may accept it or seek a reconsideration depending on the review of the proceedings by JAG Department. It is only after confirmation by the convening authority that the sentence, which can be challenged in the AFT, high court and Supreme Court, is promulgated.
What is Section 45 of the Army Act?
This section deals with unbecoming conduct. It states, “Any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.”
Acts such as adultery, illicit relations ort moral turpitude come under the purview of this Section. Another provision, Section 63, which deals with violation of good order and military discipline can also be included with the charges.
Adultery in the armed forces
While adultery, per se, is no longer a crime under the Indian laws since 2018 following Supreme Court directives, it is treated differently in the armed forces because such acts can have a demoralising and detrimental effect on moral and discipline.
The armed forces have a peculiar hierarchy, ethos and working conditions, where strong moral character and camaraderie of a high order is expected from those in uniform. Activities not considered to be in sync with such requirements would lead to loss of confidence in comrades, a potentially damaging situation.
In the Acts of the three services, the term ‘adultery’ is not used and within the armed forces the offence is described as “stealing the affections of a fellow brother’s wife”. The armed forces view such acts of omission and commission very seriously and strict action is initiated where such cases come to light. There have been a number of cases in the past where personnel have been dismissed on this account.
55 yrs after discharge, 80-yr-old ex-serviceman gets pension
About 55 years after he was discharge from the Army, an 80-year-old ex-serviceman has been sanctioned pension after judicial intervention ofthe Armed Forces Tribunal (AFT). Gurpal Singh, a resident of Kharar, had joined the Sikh Regiment in 1961 and was discharged in 1970 after completion of nine year’s regular service.
According to the terms of engagement, he was required to complete seven years of regular service and be on reserve service for the next eight years, but was not permitted to continue on account of non-availability of vacancies and discharged without pension.
His case was taken up by the Ex-Servicemen’s Grievances Cell, Mohali, and a case was filed before the Chandigarh Bench of the AFT in 2018. The Army initially cited non-availability of old records, but later produced a service long roll. After vehement arguments, the AFT also condoned the delay in filing the case.
Speaking to mediapersons here today, Col SS Sohi (retd), president of the cell, said that the Army was duty bound to permit the soldier to complete service for 15 years as he had changed his position pursuant to a representation made by them. They could not take a different stand later to deny him the benefit of pension.
The AFT’s Bench observed that it was evident that a person who is engaged on the basis of a representation that he would be made to serve for 15 years, but subsequently discharged earlier on account of non-availability of vacancy, is entitled to the benefit of principle of “promissory estoppel”.
View More Ruling that the petitioner is entitled to grant of reservist pension from the date of his discharge, the Bench gave directions that his pension payment order be issued within three months, though the arrears for the same would, as per law, be restricted to three years prior to the date of filing the petition.
Indian Navy set to commission first ASW-SWC ship ‘Arnala’ on June 18
The Indian Navy is all set to commission the first of the next-generation ships capable of detecting enemy submarines in shallow waters.
The Navy is getting 16 such ships being made at a cost of nearly Rs 13,000 crore. The public sector shipyards Cochin Shipyard Limited and Garden Reach Shipbuilders and Engineers, Kolkata, have been contracted to manufacture eight ships each. GRSE has entered into a Public-Private Partnership (PPP) with L&T Shipbuilders to produce the ships.
The ‘Anti-Submarine Warfare Shallow Water Craft (ASW-SWC), the first of the lot, called ‘Arnala’ – constructed by GRSE — will be commissioned on June 18, at Naval Dockyard, Visakhapatnam. The ceremony will be presided over by Chief of Defence Staff Gen Anil Chauhan.
Named after the historic Arnala Fort off Vasai, Maharashtra, the warship reflects India’s rich maritime heritage.
The Indian Navy said “the ship is designed to have a formidable presence at sea. Its robust construction and advanced capabilities ensure that it can withstand the challenges of the maritime domain, safeguarding India’s waters from emerging threats”.
The Arnala is equipped to conduct subsurface surveillance, search and rescue missions, and low-intensity maritime operations. This 77.6 m long warship — with a gross tonnage of over 1,490 tonnes — is designed for a range of ASW operations and is the largest Indian Naval warship to be propelled by a Diesel Engine-Waterjet combination.
The commissioning of Arnala will mark a transformative moment in India’s naval capabilities, strengthening coastal defence and reaffiliate India’s position as a self-reliant maritime power in the strategically vital Indian Ocean Region.
The warship incorporates more than 80 per cent indigenous content and integrates advanced systems from leading Indian defence firms, including Bharat Electronics Limited (BEL), L&T, Mahindra Defence, and MEIL.
The project has engaged over 55 Micro, Small, and Medium Enterprises (MSMEs), promoting domestic industry and generating related economic activity.
IAF Apache helicopter makes ‘precautionary landing’ in UP’s Saharanpur
An Apache helicopter of the Indian Air Force (IAF) made a “precautionary landing” in Uttar Pradesh’s Saharanpur on Friday due to a technical issue while on a routine sortie, officials said.
Both the pilot and the co-pilot are safe, they said.
An IAF Apache helicopter made a “precautionary landing” in Saharanpur around 11 am due to a technical issue, a senior IAF official said.
All necessary checks were conducted after the landing and the helicopter was made serviceable. Both the pilot and the co-pilot then flew it to the Sarsawa airbase in Uttar Pradesh, the official said.
Pakistan writes three letters in a month for Indus Water Treaty revival
Pakistan’s rabi crops may be affected due to the suspension of the IWT as close to 80 per cent of the country’s irrigation needs are met through the three western rivers. In economic terms, these waters contribute 21 per cent to the country’s GDP
Pakistan has written three letters to New Delhi since May 10 when post-Pahalgam hostilities ended between the two countries seeking revival of the Indus Waters Treaty and exchange of data on how much water was flowing from India into the western neighbour’s territory.
India had kept the Indus Waters Treaty (IWT) in abeyance after the April 22 terrorist attack in which 25 tourists and a pony-owner were killed in Pahalgam.
Pakistan’s Ministry of Water Resources has sent four letters — three received after May 10 — to the Jal Shakti Ministry, which has forwarded these to the Ministry of External Affairs for “action, if any”. Sources said the 1960 IWT’s provisions allowed its modification. “Section 12 mentions that the treaty may be modified from time to time by a duly-ratified treaty concluded for that purpose between the two governments,” the sources said.
India has been asking for modification to the IWT, citing the changed water flow and improved engineering techniques that allow better power generation and water regulation. Days after the Pahalgam attack, the Cabinet Committee of Security, chaired by Prime Minister Narendra Modi, had announced keeping the IWT in abeyance “until Pakistan credibly and irrevocably stopped cross-border terrorism”. The World Bank, which was part of the treaty negotiations in the 1950s, has refused to intervene despite Pakistan’s request. The IWT governs how the waters of the six Indus basin rivers —Indus, Jhelum, Chenab, Ravi, Beas and Sutlej — are utilised and distributed between the two neighbours. The agreement allocates the eastern rivers—Sutlej, Beas and Ravi—to India and the western rivers—Indus, Jhelum and Chenab—to Pakistan.
During his address to the nation last month, Prime Minister Modi had made it clear to Pakistan that “water and blood could not flow together”.
Pakistan’s rabi crops may be affected due to the suspension of the IWT as close to 80 per cent of the country’s irrigation needs are met through the three western rivers. In economic terms, these waters contribute 21 per cent to the country’s GDP.
An official said holding the IWT in abeyance gave India an option to have a long-term plan on using the mandated share of Pakistan’s waters. At present, India has little capacity to store waters of the Indus, Jhelum and the Chenab. “In the long term, India can build large storage dams across these rivers, especially across the Indus and the Chenab and release water at will: more during monsoons and hold it back in the summer months,” the official said.
As many as 48 cadets of the Army Cadet College (ACC) wing of the Indian Military Academy (IMA), Dehradun, marked the successful completion of their rigorous academic and military training, with the graduation ceremony being held on June 6.
Lt Gen Nagendra Singh, Commandant, IMA, conferred the bachelor’s degree of Jawaharlal Nehru University, New Delhi, on 18 cadets of the science stream and 30 cadets of the humanities stream of the 125th Course of the ACC. They will now join the IMA for one-year pre-commissioning training.
The ACC is a feeder institute to the IMA, training and grooming armed forces personnel from the ranks to become officers over a three-year period. The curriculum is made to ensure holistic development of cadets physically, mentally and intellectually. Every cadet undergoes a graduation programme augmented with rigorous military training to imbibe traits required by them to become commissioned officers in the Army.
In his convocation address, Lt Gen Nagendra Singh congratulated the cadets for successfully crossing an important milestone in their professional career. He emphasised that character, self-discipline, courage, motivation, positive attitude and professional competence were the pillars of a successful Army officer.
The Chief of Army Staff Gold Medal for standing first in the order of merit was awarded to Wing Cadet Capt Praveen Kumar, Silver Medal to Platoon Cadet Capt Amit Kuntal and Bronze Medal to Company Cadet Capt Amandeep Singh. The Commandant’s Silver Medal for standing first in service subjects was awarded to Platoon Cadet Capt Amit Kuntal
PM stopped Army out of fear of ‘big country’: West Bengal Minister Firhad
BJP says speaking less like an Indian leader and more like a Pakistani politician trying to belittle the Indian government and its leadership
West Bengal Minister Firhad Hakim on Saturday courted controversy by stating that Prime Minister Narendra Modi had stopped the armed forces during Operation Sindoor “out of fear of a big country”.
Attaching a video of Hakim’s purported byte to reporters, BJP IT cell chief Amit Malviya slammed Hakim, a senior functionary of TMC, and accused him of making a “disgraceful attack” on the PM on the instruction of West Bengal Chief Minister Mamata Banerjee.
In the video, Hakim was heard telling reporters, “The PM had halted the Indian Army’s barrage of attacks against Pakistan out of fear of a big nation, like a ‘kapurush’ (coward). How can the PM claim he has done anything big? How can he take credit for Operation Sindoor?”
Countering Hakim, Malviya posted on his X handle, “Listen carefully to what Kolkata Mayor Firhad Hakim is saying — the same man who once infamously called parts of Kolkata ‘Mini Pakistan’ and openly harbours dreams of turning India into an Islamic state. Now, under clear instructions from his leader Mamata Banerjee, he has launched a vile and disgraceful attack on the PM. He shamelessly claimed that PM Modi had no role in giving Pakistan a befitting reply through Operation Sindoor. He went a step further and labelled him a ‘coward’ for observing a ceasefire and not extending Operation Sindoor further,” he added.
“Frankly, this rhetoric sounds less like an Indian leader and more like a Pakistani politician trying to belittle the Indian government and its leadership. Such statements expose the mindset of those who put partisan hate above national interest. The people of India will see through this,” he added.
