An old affidavit repeated again in the Supreme Court by Army chief General Dalbir Singh Suhag has triggered a new controversy, reviving the charge of misuse of power against Union Minister General (Retired) VK Singh when he headed the Army. As the Army tried to play down the row with “unofficial” clarifications, both the sides remained tightlipped. However, the Government seemed to have stepped in to do some damage-control with Defence Minister Manohar Parrikar holding a meeting with Suhag and seeking the details of the case.
The controversy relates to initiation of disciplinary action by then Army chief General VK Singh against present chief Dalbir Singh Suhag in 2012 when he was a Corps commander. In the affidavit filed in the SC on Thursday,
Suhag has repeated the old charge that that VK Singh acted with “malafide intent” to stall his promotion.
While the Army officials claimed that Suhag filed the affidavit in his personal capacity, the fact remains that it has created an unprecedented situation for the Government. This is the first instance when a serving chief has levelled such charges against a former chief who is now a Minister.
Suhag filed the same affidavit in the Armed Forces Tribunal (AFT) in 2012, alleging the Chief of Army Staff (COAS) tried to stall his promotion with “mysterious design, malafide intent and to arbitrarily punish him for extraneous reasons.” Suhag made these allegations against Singh while responding to a petition moved by lt General(retired) Ravi Dastane who alleged favouritism during his selection as the Army Commander.
The AFT rejected Dastane's claim and he then approached the apex court in 2014.
Dastane has alleged he was eligible to be the Army Commander but was denied the opportunity by then Army Chief General Bikram Singh who had favoured Suhag despite the fact that he was under a discipline and vigilance ban at the relevant time. The Defence Ministry in its affidavit filed earlier in the apex court, had rejected Dastane's contentions and had also censured the manner in which VK Singh had placed Suhag under the ban.
Meanwhile, the Army chief met Defence Minister Manohar Parrikar here on Thursday and sources said the Government accepted his argument that he was obliged to file a response in his personal capacity. Sources also said this matter was a non-issue for the Defence Ministry, adding the allegations were not new and Suhag had taken the same stand against VK Singh before the Armed Forces Tribunal (AFT) in 2012.
They also clarified that at that point of time neither Suhag was the Army chief nor General VK Singh a Minister. Since the complainant (Dastane) filed the case in Supreme Court after the AFT rejected his petition, Suhag has re-submitted the affidavit in the apex court, said sources.
The present Army chief claimed in the affidavit filed in the Supreme Court that “I was sought to be victimised by the then COAS with the sole purpose of denying me promotion to the appointment of Army commander.”
When VK Singh initiated a discipline and vigilance ban against Suhag in 2012, the latter was 3 Corps Commander and in line for elevation as Eastern Command chief. The vigilance ban was removed when Bikram Singh took over as the Army chief some months later the same year and Suhag assumed charge of the Eastern Command. Suhag became Army chief in July 2014 and due to retire in December this year.
The affidavit said false, baseless and imaginary allegations of lapses were leveled “against me” in the show cause notice (May 19, 2012). “Despite there being no evidence against me at the Court of Inquiry, the show cause notice was issued malafidely,” Suhag said, adding that, “no material whatsoever of attendant circumstances was provided to me. The show cause notice issued, beside suffering from vagueness, was premeditated and also against the principles of natural justice.”
Suhag was placed under a discipline and vigilance (DV) ban for his alleged “failure of command and control” after a Court of Inquiry was ordered into an operation carried out in Jorhat, Assam on the night of December 20-21, 2011 by the 3 Corps Intelligence and Surveillance Unit.
Defending himself regarding the Jorhat operation, Suhag said in his affidavit on that day, “I was away on part of annual leave and rejoined rejoined duty on 26 Dec 2011.”
Claiming that the imposition of discipline and vigilance ban upon him and issuance of show cause notice by the then COAS “was illegal and premeditated,” he said, adding “it is thus established that I was victimised for extraneous reasons by the then COAS and hence the illegal imposition of DV ban by the then COAS could not be made the basis by the apellant to challenge my appointment as GOC-in-C, Eastern Command. In fact, it is the answering respondent who is the victim and not the appellant, as is sought to be made by him,” he said.