General court martial proceedings quashed, reinstatement of officer ordered by Armed Forces Tribunal, New Delhi, India

The Indian Express published a riveting article on the unwonted injustice meted out to a Flying Officer of the Indian Air Force and his eventual exoneration by order of the Armed Forces Tribunal, Principal Bench at New Delhi, India. Court-martialed in the year 2016 by a General Court Martial (“GCM”), Flt Lt Godara, was sentenced to seven years’ rigorous imprisonment along with forfeiture of pay and allowances. Setting aside the GCM in totality on grave procedural lapses, the Tribunal passed orders for reinstatement of the officer with complete consequential benefits.

The Indian Air Force initially charge sheeted the officer for 19 offences under the Air Force Act, 1950 when he was posted in a coastal base near the Mumbai area. Ultimately, an abjectly biased General Court Martial convened which found him guilty on 11 charges out of 19. These comprised of use of criminal force on a senior officer by strangulation, absence without leave, dereliction of duties, theft of property from the Officers’ Mess and Central Government, use of threatening language and the act of making false accusations against a medical officer. Additionally, he was also convicted for disobedience to a superior officer during close arrest, including willful defiance of lawful commands to eat food, resistance to escorts and an attempt to escape. The conclusion of the trial sentenced the officer to seven years’ rigorous imprisonment, cashiering, and forfeiture of pay and allowances, which was later remitted to five years instead of seven by the Air Force Chief. A lull of hopelessness set in for the young officer as the confirming authority finally promulgated the sentence under the Air Force Rules, 1969. Under an Appeal to the Armed Forces Tribunal in New Delhi the aggrieved officer sought striking down of the General Court Martial on the ground of numerous occasions of oversight in following the procedure carved out for a trial under Air Force Act, 1950 and Air Force Rules, 1969

Do principles of natural justice lose all significance in Court Martial proceedings?

As is evident in this unfortunate case, the entire proceedings against the Officer suffered from procedural irregularities as well as non-observance of principles of natural justice. The Tribunal observed that the Air Force conducted a Court Martial riddled with fundamental irregularities and had to be set aside, this coupled with a denial of an opportunity to defend himself made the proceedings bad in law. His wrongful conviction deprived him of a potentially illustrious career, loss of finances and reputation. The Tribunal thus, quashed the GCM proceedings and directed for immediate reinstatement of the officer with rank, promotion, seniority and back wages.