A Lieutenant General of the Indian Army acquitted by the Armed Forces Tribunal: more on it

Lt Gen P.K. Rath, IA (ret)

The Indian media has widely reported the recent acquittal by the Armed Forces Tribunal (AFT) of a Lieutenant General who was convicted by a General Court Martial for involvement in what was termed as a ‘land scam’.

Some of the reports can be accessed here:

The Indian Express

The Times of India

However, it seems that though the decision of the Armed Forces Tribunal has hovered around the evidence and its effect and the culpability on merits--ultimately acquitting the officer, the Tribunal has not touched upon very pertinent issues raised by the Appellant on technical and other legal points which could have had a bearing on similar cases in the future. A cursory perusal of the decision would reveal the same.

Though the former Chief of the Army Staff (COAS) of the Indian Army, General V.K. Singh, has sharply reacted to the decision stating that the AFT has passed personal remarks against him, the decision per se does not come to any such conclusion.  Perhaps the media as well as General Singh have misread the recording of the Appellant’s contentions in the order as an observation of the Tribunal, which in fact is not the case. The Tribunal in its dicta does not make any direct personal statement against the former Chief.

The Tribunal has also awarded compensatory costs of Rupees 1,00,000 to the Appellant.