The Supreme Court on Tuesday questioned the Army for letting off top ranking officials of the South Western Command for a “pittance” fine of Rs500 and a reprimand despite a General Court Martial proceeding holding them guilty of trading service weapons with arms dealers and criminals.
“It shocks the conscience of the court that a lieutenant Colonel sells 17 weapons of his and 16 other Army officers and you say punishment for him is forfeiture of seniority by two years. This punishment is pittance,” observed a Bench of Justices Hl Dattu and SA Bobde.
Suggesting this could be the “tip of the iceberg”, the Bench directed Attorney General Mukul Rohatgi to examine whether such a racket was limited to South Western Command only or extended even to the remaining seven Army commands. The matter will be heard on September 16. The court further asked the
A-G to report by next date on the feasibility of ordering a “relook” into the punishment by asking the officials, most of whom have retired, to face fresh court martial proceedings.
The court asked the Army why it did not dismiss the officials of the South Western Command found involved in this racket instead of allowing them to retire upon payment of a Rs500 fine or reprimand or forfeiture of seniority.
“look at the seriousness of the offence. Ammunition gets sold to terrorists and gangsters who kill many. You are a disciplined force and you indulge in illegal sale of Army weapons,” the Bench said while hearing a PIl by lawyer Arvind Kumar Sharma, who brought this matter to court’s attention.
It termed the proceedings as “eyewash” and demanded the officers in question to be tried again for the same offence.Narrating the events that led to the filing of the PIl, pending in court since 2007, Rohatgi admitted that Army weapons from COD Jabalpur went to “wrong people”.
Some officers were able to retrieve the weapons that were let-off lightly. He compared the sale of 17 weapons by one officer being similar to an officer getting more liquor than prescribed limit. But the Bench said that the gravity of the offence was more serious and required tough punishment. “Where an Army officer sells weapons, he is there to protect citizens and he is the one to sell it to others without following Rules. Is he then fit to continue in office,” it said.
The PIl had highlighted a court of enquiry report prepared by the South Western Command on September 25, 2008 that detailed the role of 72 Army officials across the country to be involved in illegal sale of their non-service weapons, prohibited under the Army Rules and Army Act. The court even wondered whether such officers were causing weapons to reach all and sundry. It said, “It is due to weapons sold like this that everyone in Delhi whips out a weapon.”
The list of guilty officials prepared by SW Command also included 25 officers who were posted at Indian Army Training Team (IMTRAT), Bhutan found to possess imported ammunition (50 rounds) in excess of their authorisation.
An affidavit of the Ministry of Defence filed earlier in the case had identified the four Army officials involved in the racket as lt Col VS Rathore, lt Col SS Rathore, lt Col BS Shekhawat and Colonel Neeraj Rana. While the first officer was involved in “coordinating illegal sale/purchase/disposal of 17 weapons of various Army officers including his own weapon,” the remaining traded five, 11 and five weapons respectively. They sold their weapons to arms dealers in Ganganagar and Sirsa districts in Rajasthan.