Reinstate Armyman with seniority

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Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google NewsFormer havildar R Nasik Raja of the 80 Field Regiment, Jammu, was terminated from service in 2006, based on fabricated evidence and manipulated summary court martial. On Thursday, the Armed Forces Tribunal, Kolkata Bench, ordered that he be reinstated with seniority and rank.Raja was set up by his superiors for threatening a senior officer with a loaded rifle. The incident raises suspicion over the acts of superior officers who should have put Raja under arrest for pointing a gun at a senior officer.The summary of evidence in the case was recorded on August 23, 2006, and on August 29 a summary court martial was held. He was allegedly said to have pleaded guilty and was sacked from service with reduced rank. The AFT judgment slammed the army court trial stating that during summary of evidence and summary court martial Raja had stated that he did not point the weapon at Lt Col S K Jaini.“Yet the court proceeded to record his plea as guilty of charge and treated him as an accused pleaded guilty,” the AFT order said.Raja was deprived of an interpreter in the court martial, and did not get a Hindi or Tamil copy of the summary of evidence.Also, he was not given any interpreter and was asked to sign the papers. Raja knocked on the doors of the Chief of Army Staff (CoAS) on October 12, 2006, regarding his case, but the COAS rejected his petition on July 14, 2007.The Deputy Judge Advocate General’s (DJAG) HQ 9 Corps, in its report on September 30, 2006, raised several questions over the entire episode.Lt Col Jaini told the commanding officer that Raja had pointed the weapon at him and threatened him. Raja later came to know that the weapon was loaded with a round in the chamber and its safety catch was at the ‘R’ position which he had not done.“He did not know how his weapon got cocked. The statement of the accused at the summary of evidence read with his statement at the trial thus negates the plea of ‘guilty’ offered by him. In my considered view, Lt Col Jaini should have been more circumspect and could have acted in a mature manner,” the DJAG opined. The AFT Kolkata Bench in its order said Nasik Raja be reinstated in service with restoration of seniority and rank forthwith. The period between dismissal on August 29, 2006, until he rejoins service should be regularised as ‘in service’.Raja might get his pride and uniform back, but the sad part of this legal battle is that senior officers who ruined his life will remain untouched - still at the helm of affairs - a tragic reminder of the deep rot that has set in the system.first published:August 31, 2012, 09:51 ISTlast updated:August 31, 2012, 09:51 IST
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Former havildar R Nasik Raja of the 80 Field Regiment, Jammu, was terminated from service in 2006, based on fabricated evidence and manipulated summary court martial. On Thursday, the Armed Forces Tribunal, Kolkata Bench, ordered that he be reinstated with seniority and rank.

Raja was set up by his superiors for threatening a senior officer with a loaded rifle. The incident raises suspicion over the acts of superior officers who should have put Raja under arrest for pointing a gun at a senior officer.

The summary of evidence in the case was recorded on August 23, 2006, and on August 29 a summary court martial was held. He was allegedly said to have pleaded guilty and was sacked from service with reduced rank. The AFT judgment slammed the army court trial stating that during summary of evidence and summary court martial Raja had stated that he did not point the weapon at Lt Col S K Jaini.

“Yet the court proceeded to record his plea as guilty of charge and treated him as an accused pleaded guilty,” the AFT order said.

Raja was deprived of an interpreter in the court martial, and did not get a Hindi or Tamil copy of the summary of evidence.

Also, he was not given any interpreter and was asked to sign the papers. Raja knocked on the doors of the Chief of Army Staff (CoAS) on October 12, 2006, regarding his case, but the COAS rejected his petition on July 14, 2007.

The Deputy Judge Advocate General’s (DJAG) HQ 9 Corps, in its report on September 30, 2006, raised several questions over the entire episode.

Lt Col Jaini told the commanding officer that Raja had pointed the weapon at him and threatened him. Raja later came to know that the weapon was loaded with a round in the chamber and its safety catch was at the ‘R’ position which he had not done.

“He did not know how his weapon got cocked. The statement of the accused at the summary of evidence read with his statement at the trial thus negates the plea of ‘guilty’ offered by him. In my considered view, Lt Col Jaini should have been more circumspect and could have acted in a mature manner,” the DJAG opined. The AFT Kolkata Bench in its order said Nasik Raja be reinstated in service with restoration of seniority and rank forthwith. The period between dismissal on August 29, 2006, until he rejoins service should be regularised as ‘in service’.

Raja might get his pride and uniform back, but the sad part of this legal battle is that senior officers who ruined his life will remain untouched - still at the helm of affairs - a tragic reminder of the deep rot that has set in the system.