(As Defence Lawyer)
By ANI | Published: November 3, 2021 04:24 PM
The Armed Forces Tribunal has given relief to a Colonel and Lieutenant Colonel from a court-martial against them after it was found that they had not been given an opportunity to question the witnesses in the case.
The Armed Forces Tribunal has given relief to a Colonel and Lieutenant Colonel from a court-martial against them after it was found that they had not been given an opportunity to question the witnesses in the case.
The officers were facing charges of misappropriating 200 trees and funds while commanding a unit in the Jammu sector.
Following the order by the Principal Bench of the Armed Forces Tribunal, the Indian Army has adjourned the court-martial sine die as it is contemplating further action in the case, sources in the Army said.
The case came to light when the handing over, taking over process was on, when the officers were heading the unit in Jammu and Kashmir.
However, during the hearing, it came to light that the officers were not allowed to question the witnesses in the inquiry against them which is a violation of Army Rule 22.
Anand Kumar, who was counsel for one of the officers, said the current ongoing trial will have no jurisdiction to try the officer and even otherwise the trial was barred by limitation.
He further said the Army rules mandate that action should be initiated against personnel within three years from the date of the committed offence.