Indian Army may have punished Major Gogoi for indiscipline, but it’s the ‘human shield’ case that it needs to probe before it faces a PIL.
In less than a year, Major Leetul Gogoi of the ‘human shield’ fame has gone from being a ‘national hero’ to an officer facing a loss of six months of seniority in the Indian Army for violating ‘military discipline’.
The punishment to Gogoi for “fraternising” with a local girl and “being away from place of duty while in an operational area” may have closed last year’s episode. But, the Indian Army still needs to bring a much-needed closure to his celebrated act from 2017 of tying a man to the jeep in Kashmir.
On 9 April that year, by using Farooq Ahmed Dar as a “human shield” in the alleged rescue of election commission officials held hostage by a “blood thirsty” mob of 700-900 people, Major Gogoi had violated Indian Army’s ethos, standard operating procedures, rules of engagement, Chief of Army Staff (COAS)’s Commandments, Supreme Court guidelines for application of Armed Forces (Special Powers) Act (AFSPA), Article 21 of the Constitution and Sections 63 and 69 of the Army Act read in conjunction with the Indian Penal Code.
It is not too late for the Indian Army to reopen the “human shield” case by holding a fresh court of inquiry and take necessary follow-up action depending upon the investigation.
Also read: How should the Indian army ethos handle Major Gogoi’s case?
The reopening of the case is important because under both civilian and military laws, there is no scope for making exceptions to “save casualties in a unique situation” in order to justify a grave offence. Only if proven by evidence, “actions in good faith” and “circumstances” are given due consideration to decide the severity of punishment. Nearly two years later, not an iota of evidence has surfaced to uphold the version of the officer.
At the time, however, and even before the military court of inquiry was finalised, Army chief General Bipin Rawat, cheered by the emotional nationalists, had rewarded Major Gogoi with a Commendation Card. Contrary to rules and regulation, Gogoi was allowed to interact freely with the media and made into a ‘national hero’. What happened a year later at Hotel Grand Mamta in Srinagar was merely the undoing of a ‘default’ hero who thought he was a law unto himself.
On 23 May 2018, Major Gogoi had posed as a businessman from Assam while checking into the hotel with an 18-year-old Kashmiri girl. Citing their rules, the hotel staff had refused entry to the girl, which led to an altercation with Major Gogoi who was joined in by his driver, Sepoy Sameer Mala. Gogoi, his driver and the girl were detained by officers at the Khanyar police station for questioning. The girl had later deposed before the magistrate that she had willingly gone out with Major Gogoi — her “Facebook friend”.
Also read: Why an Indian Army Major can’t just meet a woman at a hotel anywhere
Now nearly a year later, the ‘national hero’ has been found guilty by the Army for an act that is in ‘violation of good order and military discipline’.
The punishment that is likely to come Major Gogoi’s way is nowhere near what was promised by the Chief of Army Staff two days after the officer was caught : “…Agar Major Gogoi ne koi galat karwahi kari hai, toh main aapko yaqeen ke sath keh sakta hoon, ki jaldi se jaldi usko saza di jayegi, aur saza aisi doonga main, ki woh ek udharan ban kar reh jayega. (If Major Gogoi has done anything wrong, then I assure you that he will be punished and I will give such a punishment that it will become an example.)”
On the face of it, for what it amounts to, this seems to be the logical conclusion to a case where an Army officer was in violation of rules, regulations and law of the Indian Army.
However, the other episode — the ‘human shield’ case — still needs closure. The Indian Army must act fast before someone files a public interest litigation and the Supreme Court forces it to do so, as has happened in cases of human rights violations in Manipur.
Also read: What happened to the Kashmiri woman who went with Major Gogoi to a Srinagar hotel
In all fairness, I must compliment the Army for making an in-house course correction by issuing unambiguous orders to prevent unlawful “out of the box tactics” becoming the norm. I must also compliment all ranks for not emulating the rogue hero. But let there be no doubt that unless the “human shield” incident is properly investigated and legally closed, it will remain an indelible blot on the Indian Army’s reputation.
Lt Gen H S Panag PVSM, AVSM (R) served in the Indian Army for 40 years. He was GOC in C Northern Command and Central Command. Post retirement, he was Member of Armed Forces Tribunal.
