In February, the Delhi high court had refused relief to co-accused Lt Gen PK Rath, who had filed a petition against his court martial.
Sukhna land scam accused Lt Gen (retired) Avadesh Prakash received a temporary and brief reprieve when the Supreme Court (SC) said on Tuesday he wouldn’t be subjected to inquiry proceedings till it takes a final call on the general’s appeal against an Armed Forces Tribunal order on March 29.
In a brief order, a bench headed by chief justice KG Balakrishnan said, “Till such time there shall be no proceedings against him [Prakash].”
Prakash has challenged the tribunal’s refusal to quash the court of inquiry into the Rs300-crore scam.
In February, the Delhi high court had refused relief to co-accused Lt Gen PK Rath, who had filed a petition against his court martial.
Rath has been indicted along with former military secretary Prakash in the case of a fraudulent deal involving army land in Darjeeling.
Prakash’s lawyer Mukul Rohatgi argued that it was a case where trial had not taken place in a fair manner as witnesses were not examined in the presence of the aggrieved officer.
He said even the tribunal held that there was violation of the principle of natural justice and the court of inquiry was bad in law, since the officer was not allowed to be present before the inquiry panel when witnesses were being examined.
However, SC had its reservation on Rohatgi’s plea. It pointed out that the tribunal had given Prakash subsequent relief to cross-examine witnesses.
“All witnesses have been recalled for cross-examination. What else do you require? What else is a fair trial?” the judges asked Rohatgi, who had pleaded that the entire inquiry should have been stayed.
The counsel further said that the proceedings before the court of inquiry were termed a “mockery of natural justice” by the tribunal as 18 witnesses recorded their statements in Prakash’s absence.
He said Prakash was the 19th witness before the court of inquiry but he was converted into an accused.
Eastern Army commander Lt Gen VK Singh had ordered the court of inquiry and had recommended Prakash’s court martial.
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