In a fresh judgment in a six-year-old case, HC said it could review the Court Martial’s order if it was illegal or perverse.
Harsh rap
Giving a severe blow to the archaic punishment norms being adopted by the armed forces, the Delhi High Court has ruled that court could scrap the harsh sentence awarded by the General Court Martial to a jawan or an officer.
The court recently warned the armed forces against denuding the men in uniform of basic fundamental rights being enjoyed by all other the citizens.
In a fresh judgment in Lt Col MJ Reddy’s appeal against the harsh sentence which was disproportionate to the offence of slapping a jawan six years ago, HC said it could review the Court Martial’s order if it was illegal or perverse or shook the judicial conscience.
Lt Col Reddy said that till date I have spent 923 days in isolation and faced tyrannical oppression of fundamental rights and suspension of service privileges.
Partially allowing the officer’s appeal, a bench of Justices TS Thakur and SN Aggarawal ordered that the officer would undergo only ‘severe reprimand’.
Judges directed the army authorities to release all consequential benefits expeditiously, preferably within six months.
The serving officer had faced the charge of corruption but the authorities couldn’t prove it. He had been punished with severe reprimand initially, but the top ranking command enhanced it, subjecting him to house arrest and much more.
He was denied leave up till end 2001 causing ‘irreparable damage’ to his domestic relations.
He had been denied opportunity to spend Christmas with the family for two years. He had been placed under ‘close arrest’ for about one month when armed guard consisting of subordinate’s jawans kept a watch on him.
He had been forced to travel in ‘body vehicles’ as escort officers much junior in rank and service traveled with him sitting next to the driver.
Some of his colleagues had refused to dine with him in the mess. He had no social interactions since August 2001.He also said that the authorities had ‘severely curtailed’ activities as he had been under ‘Open Arrest’.
Lt Col Reddy said he had suffered the ‘pain of continued separation from the family’. His only son’s performance in school too suffered badly.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}