Retired military secretary Prakash to cross-examine witnesses

It was a mixed Monday for Sukhna land scam accused Lt Gen Avadhesh Prakash. While the armed forces tribunal granted the just-retired military secretary permission to cross-examine six witnesses, it dismissed most of his other contentions, including a demand to quash the court of inquiry in Kolkata that found him guilty.

The tribunal said Prakash must be allowed to cross-examine military personnel who deposed in the case, since he was not present when they made allegations leading to his indictment. Any new findings in the cross-examination should be considered by the court of inquiry, it said.

The order came even as Lt Gen PK Rath, another accused in the case, moved the tribunal questioning the government decision to scrap his appointment as deputy chief of army.

The land scam refers to the move of the Siliguri-based 33 Corps to grant permission for an educational institute next to its headquarters. After initially expressing security concerns, Prakash is accused of pressuring juniors to favour Dilip Agarwal, his friend and the contractor behind the project.

An army inquiry indicted several officers, including three Lt Generals, for the favour.

The tribunal said the authorities will allow Prakash to study depositions by six armymen, including Lt Gen Rath, Lt Gen R Halgali and Maj Gen PC Sen, 15 days before the witnesses are called.

“They [witnesses] be called back before the court of inquiry to be cross-examined by the petitioner. The court of inquiry should be completed within two months from today [Monday] and in case the petitioner does not wish to cross-examine the witnesses, it will be open to the court of inquiry to record reason. It will be open to the petitioner to lead any evidence by calling witnesses or producing documentary evidence. It will be open to the court of inquiry to give its finding qua petitioner. The authorities will be free to decide whether to send the case for court martial,” it said.