SC rejects AvadeshPrakash plea against court of inquiry, says skeletons can tumble

Observing that many skeletons can tumble out if it starts digging into the matter, the Supreme Court today dismissed Lt Gen (retd) Avadesh Prakash's petition challenging the court of inquiry (COI) ordered against him in a land scam case.

"Once we start digging, many skeletons will tumble out. Either it will spite you or them (army)," a bench of justices V S Sirpurkar and Mukundakam Sharma, snapped at senior counsel Mukul Rohtagi who claimed violation of rules by the Army in directing the COI.

Prakash was indicted by an Army COI for his alleged role in issuing of no-objection certificate to a private realtor Dilip Agarwal for building an educational institute on a 71-acre land adjacent to the Sukna military station in West Bengal.

The apex court also rejected Prakash's argument that the COI was untenable as the three-member panel included two major general rank officers who were junior to him in the hierarchy.

"Your argument is not valid. Even the Supreme Court judges submit themselves for inquiry before the high court," the bench remarked, in an oblique reference to the apex court's petition in the Delhi High Court challenging the CIC's order that the office of the chief justice of India comes within the purview of the RTI Act.

The apex court said the army officer should submit himself before the COI and can later approach the court if he feels aggrieved by the final outcome. 

"It is only a fact finding committee. Why don't you face it. We will go only by the rule and the Act. This is all premature," the apex court said referring to the petition.