Vijay Mohan

Tribune News Service

Chandigarh, August 29

For 33 years an Army Major who was recommended for the Ashoka Chakra — the highest peacetime gallantry award — for his actions during Operation Bluestar, was forced to fight a different battle to redeem his honour after he was “wrongly” convicted for retaining some electronic item recovered during anti-terrorist operations.The Armed Forces Tribunal (AFT) has held that the officer’s trial by the then General Officer Commanding of the Amritsar-based 15 Infantry Division was not only without jurisdiction and not in conformity with law, but also based on unfounded facts on account of total lack of evidence.In its order passed a few days ago, the Tribunal’s Bench, comprising Justice DP Singh and Air Marshal Anil Chopra, has directed the central government to pay a compensation of Rs10 lakh to the officer, Maj KA Singh. The Bench also directed that the officer will be promoted notionally to the rank of Lieutenant Colonel and shall be deemed to have retired from this rank at the age of 51 years after completing the required period of service for the purpose of payment of arrears of salary, post-retirement dues and for all other consequential benefits.The officer was posted as a Company Commander with an infantry battalion during the operations, when troops recovered four electronic items — a colour TV, VCR, deck and a three-in-one. The troops requested that these items be kept with the unit as souvenirs and the request was acceded by the commanding officer.Following an anonymous complaint, searches were conducted in the residence of some unit officers and a court of inquiry was ordered, which held five officers, including the commanding officer and the petitioner, blameworthy for the illegal detention of the items. This included a Captain being blamed for illegally retaining a Webley .38 revolver.Pointing out that the recovery and possession of the electronic items was the combined decision of all officers and they were collectively responsible for their retention, the Bench observed that the items were not recovered from the house of the petitioner but from another officer and the petitioner seems to have no major role in retaining them.“No punishment has been awarded to others by appropriate trial. Rather, the officers involved in the matter have been promoted to the higher posts, whose names came to light during Summary Inquiry as well as Summary of Evidence,” the Bench observed. “There appears to be gross injustice done to the petitioner’s career. He has been made a scapegoat, who suffered because of incorrect decision and wrong committed by the then commanding officer,” the Bench ruled.Charge against Major KA Singh

• Major KA Singh, who was recommended for the Ashoka Chakra, was ‘wrongly’ convicted of retaining some electronic item recovered during anti-terrorist operations
• He was posted as a Company Commander with an infantry battalion during the operations, when troops recovered four electronic items — a colour TV, VCR, deck and a three-in-one
• Searches were conducted at the residence of some unit officers and a court of inquiry was ordered, which held five officers, including him, blameworthy for illegal detention of the items
• The Bench said the items were not recovered from the petitioner’s house but from another officer and he seemed to have no major role in retaining them