Once a soldier, always a soldier. This saying has proved to be the bane of a sergeant who decided to leave the Indian Air Force without notice and start life anew as a lawyer. But the disciplined force did not spare him and charged him with “desertion” for which he was court-martialed to one-year rigorous imprisonment.
With 86-days’ sentence still to be undergone and the former sergeant, now a lawyer, out on bail, the Armed Forces Tribunal told him to surrender, which has now brought him to the Supreme Court. The Bench headed by Chief Justice TS Thakur granted stay on his surrender while posting his appeal for hearing on Tuesday.
This interesting twist of fate occurred in the life of Ex Sergeant Mohammad Azam Ansari. He enrolled in the Indian Air Force (IAF) as a clerk on October 15, 1992. His little over 17 years stint with IAF had a chequered past as he received five punishments ranging from reprimand to admonition in service. In December 2008 he was even deprived of the Acting Rank of Sergeant for disobedience of lawful command, although later it was restored to him by an order of the Delhi High Court.
His love for legal profession was evident while in service as he took the Air Force authorities to Court over each decision they took against him, including the one on grant of maintenance allowance to his first wife, whom he divorced. He currently has close to 20 proceedings pending before the High Court and Armed Forces Tribunal lodged by him.
Trouble started when he was ordered to report in October 2009 for his posting at Bihta Air Force Station in Bihar to which he refused. His plea for premature discharge and stay on his posting order was rejected up to the Supreme Court. The IAF issued a fresh order setting November 20, 2008 deadline for him to join Bihta station. As he never turned up, he was marked absent without leave (AWl). The District Court Martial (DCM) proceeded trial against him on the charge that he was “deserter” following his arrest on February 26, 2010.
He was dismissed from service and the Confirming Authority directed him to undergo a rigorous imprisonment of eight months. This period took into account his pre-trial detention from the date of his arrest and was counted from July 3, 2010, the date when he was court-martialed.
Instead of challenging his court-martial proceedings before the Armed Forces Tribunal, Ansari approached the Delhi High Court with a bail petition. On December 6, 2010, the HC granted him bail till such time that his petition pending with the Central Government for reprieve is considered. On September 9, 2011, the Central Government dismissed Ansari’s petition as devoid of merit following which his bail expired.
Meanwhile, Ansari had begun practice as a lawyer after getting enrolled with the Bar Council of Delhi. On coming to know that their former sergeant was now an advocate, the IAF complained to the Bar Council to cancel his advocate license, proceedings in which are still pending. Ansari challenged the Central Government’s order rejecting of his petition before AFT, which on February 17, 2016 directed him to surrender. It was an appeal against this order which the apex court will take up on Tuesday.