Sukna scam: Relief for Prakash as SC puts court of inquiry on hold

Lt General (retired) Avadhesh Prakash today got interim relief from the Supreme Court, which directed the army not to go ahead with the court of inquiry against him in the Sukna land scandal till March 29.

The court decided to hear Gen Prakash's petition against the order of the armed forces tribunal refusing to quash the court of inquiry against him.

While posting the appeal against the tribunal's order for hearing on March 29, a bench headed by chief justice KG Balakrishnan said that "till such time there shall be no proceedings against him [Gen Prakash]".

Senior advocate Mukul Rohatgi and Jyoti Singh, appearing for the general, alleged that it was a case where the trial had not taken place in a fair manner as witnesses were not examined in the presence of the aggrieved officer.

They said that even the armed forces tribunal held that there was a 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  during the proceedings before the court when the witnesses were examined.

But the bench, also comprising justice Deepak Verma and justice BS Chauhan, disagreed and said the tribunal had given Prakash subsequent relief to cross-examine the witnesses.

"You have been given subsequent relief. All witnesses have been recalled for cross-examination. What else do you require? What else is a fair trial?" the bench said when the counsel argued that the whole inquiry should have been stayed.

Responding to the bench, Rohatgi said the proceedings before the court of inquiry had been termed a "mockery of natural justice" by the armed forces tribunal as 18 witnesses recorded their  statements in Prakash's absence.

He said Prakash, who was the 19th witness before the court of inquiry, was converted into an accused.