Lt Gen Avadesh Prakash, who is facing court martial proceedings, approached the Armed Forces Tribunal seeking quashing of the charges under the Army Act 123.
Former military secretary lieutenant general Avadesh Prakash, who is facing court martial in the Sukna land scam, today challenged the punitive action against him, saying army rules were violated in the case.
He approached the Armed Forces Tribunal, seeking quashing of the charges under the Army Act 123 and his attachment to the Western Command.
Prakash alleged that the Court of Inquiry (COI) conducted by Eastern Command in the case had violated the Army Rule 180, according to which the affected officer has to be given an opportunity to cross-examine the witness in COIs.
Counsel Jyoti Singh appearing for Prakash said all the 14 witnesses in the COI registered their original statements in Prakash's absence, without giving him a chance to cross-examine them while justifying for quashing of the disciplinary action against him.
According to the Army Act 123, the personnel are liable to be tried and punished till three years after retirement.
Singh also questioned the "sudden change of heart" of army chief General Deepak Kapoor in ordering disciplinary action against Prakash after serving him a showcause notice for administrative action, for which a reply was filed on January 22.
Singh contended that as per the Army Headquarter's policy, the army chief can't revert back to disciplinary action once he has ordered administrative action against any personnel in any case.
To which, Tribunal head justice AK Mathur observed that the army chief had the right to change his policies depending on the merit of the case. Singh demanded the Army to produce all the related
documents, which led to the sudden change in the decision.
In the over 1,000 page petition filed in the AFT, Prakash pointed out that the decision to initiate disciplinary action against him was taken within a week, which included two weekly and one national holiday, after he replied to the showcause notice.
The army chief had changed his earlier decision in the case on January 29 after being advised by defence minister AK Antony to do so.
Prakash's counsel said the general had not done anything
in the case as he was not posted at 33 Corps, which issued the No objection Certificate and it was just incidental that private realtor Dilip Agarwal, whose educational trust received the NOC, was his friend.
During the hearing, Prakash's counsel said the General had put in 39 years of his service in the Army in which he had received medals for distinguished services, Justice Mathur said, "your AVSMs and PVSMs (medals) do not make you a holy cow."
Prakash was personally not present in the court. The land scam came to light after the Army found out that Agarwal had falsely claimed to set up an educational institution affiliated to Ajmer-based Mayo College.
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