High Court dismisses Gen Rath’s plea

The court accepted the army's argument that jurisdiction over the substantive writ regarding the disciplinary proceedings and the legality of the Court of Inquiry properly lay with the Armed Forces Tribunal (AFT).

T he Delhi High Court today dismissed the petition filed by Lieutenant General PK Rath, former commander of 33 Corps and implicated in the Sukhna land case.

The petition had asked the court to order the army to give effect to earlier orders issued appointing him Deputy Chief of Army Staff. General Rath had also asked the court to quash the army’s Court of Inquiry report and disciplinary proceedings against him.

The court accepted the army’s argument that jurisdiction over the substantive writ regarding the disciplinary proceedings and the legality of the Court of Inquiry properly lay with the Armed Forces Tribunal (AFT).

“The army argued that if the AFT ruled that the Court of Inquiry and subsequently ordered disciplinary proceedings of Court Martial against General Rath were illegal, he would automatically be cleared for appointment to a post befitting the rank of Lieutenant General anyway,” clarified a source to StratPost.

General Rath could now either appeal in the Supreme Court against today’s order of the High Court or take his case to the AFT, unless he simply decides to face the Court Martial.

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Follow Saurabh Joshi on Twitter @ http://www.twitter.com/saurabhjoshi Saurabh is a journalist based in New Delhi, India who has worked in print, television as well as internet news media. Besides defense and strategy, his past assignments have included reporting from Kashmir, coverage of terror strikes as well as election coverage from all over India. He has a Bachelors degree in Journalism (Honors) as well as a law degree (LLB), both from the University of Delhi.
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