CHANDIGARH: The Chandigarh bench of Armed Forces Tribunal (AFT) has ruled that the court-of-inquiry (CoI) findings, basis of court-martial proceedings or administrative action for dismissal, be made available to the defence personnel whom the conclusions affect.

The tribunal was hearing the application of a soldier, Lekh Raj Raizada, whom the army chief had dismissed in 1981 in an administrative action. Raizada was accused of not taking any action despite being aware of a developing mutiny on the night of October 8, 1979, which ended in the assault on two officers in a 4 Gorkha Rifles unit.

The action against the soldier was based on the CoI findings and opinion that were never supplied to him. He is no more but his wife now pursues the case. “There is no provision under any schedule of the Army Act and rules for releasing the CoI findings,” the central government submitted. “The Col’s purpose is to collect evidence. These are not adversarial proceedings. Even Army Rule 184 doesn’t postulate that the accused is entitled to a copy.” As of now, defence personnel can see only the statements of witnesses and not the findings and opinion.

The bench headed by justice Surinder Singh Thakur said: “What are the proceedings of a CoI? Is it only the statements, questions, counter-questions, and cross examination, or does it also include the opinion and findings? In our considered opinion, the proceedings of the Col also include the findings and opinion. Without these two parts, the inquiry is directionless.”

The judgment reads: “If the very basis of action depends upon the CoI, which includes findings and its opinion… they need to be supplied to the petitioner, as the CoI is subject to judicial review, and without making these documents known to the court and the petitioner, it cannot be referred to while deciding this point in issue.”

Justice Thakur said: “…not only the petitioner but also we (the bench) want to be guided by… the findings and opinion portion of the CoI.”