Will the Dangari court-martial verdict stand?

Lt. Gen. (Ret) H.S. Panag

Lt. Gen. (Ret) H. S. Panag, a former member of the Armed Forces Tribunal, wonders whether a recent high-visibility court-martial will withstand review:

More than that, there is a legal issue, which may lead to their exoneration. The Army Act 1950, Section 122, unambiguously states that no trial by court martial of any person subject to the Act shall commence after the expiration of three years from the date of the offence; or where the commission of the offence was not known to the aggrieved person or the authority competent to take action, from the first day it comes to be known; or if the identity of the accused was not known, from the first day it comes to be known. 

The Army Act 1950 is an act of Parliament and the provision of Section 122 is absolute, and has been upheld by the Supreme Court on a number of occasions in favour of the accused. The SGCM thus becomes legally invalid. The case could only have been tried in a criminal court, for which the permission of the central government is mandatory as the case is covered by the AFSPA. 

It is surprising that this was not brought to the notice of the Supreme Court during the course of the hearing in May 2012 by the petitioners or the respondents. It is intriguing that neither the convening authority nor the court in the SGCM took note of this. The accused may not have raised the issue as they knew that they have a favourable case at the appeal stage. 

It would be a shame if there was a tacit understanding between the Army and the accused to abuse the justice system. In my view, the Dangari SGCM is chimera, where justice has not only been delayed but is likely to be denied too.