T he former commander of the Indian Army’s 33 Corps, Lieutenant General PK Rath, implicated in the Sukhna scam, has filed a petition in the Delhi High Court asking the court to order the army to give effect to his appointment as Deputy Chief of Army Staff, which had been belayed by the army following the Court of Inquiry into the allegations of wrong-doing in the issuance of a No Objection Certificate for the transfer of land adjoining the army’s base in Sukhna.
The general, in his 450 page petition, has also asked the court to call for the records of the Court of Inquiry and quash the Court Martial proceedings against him.
This comes at a time when the former Military Secretary, Lieutenant General Avdhesh Prakash is awaiting a judgment by the Armed Forces Tribunal on his contention challenging the conduct of the Court of Inquiry, which implicated him in the same affair.
While ordinarily, even General Rath’s case would have properly been heard by the Armed Forces Tribunal as all such matters are now heard and decided by it, the general will likely manage to get his case admitted to and heard by the Delhi High Court, by including the plea asking for the enforcement of the earlier orders for his appointment as the Deputy Chief of Army Staff.
Army sources have informed StratPost that since the Armed Forces Tribunal does not have the competent jurisdiction to decide on the issue of appointments and postings, General Rath, currently attached to the Eastern Command and awaiting his Court Martial, by pleading thus will likely have his day in the Delhi High Court.
The case is likely to be heard only on Monday, as the Delhi High Court will be closed for the Maha Shivratri holiday on Friday.
