Chandigarh, September 29
The reassembling of the court of inquiry (COI) to investigate alleged irregularities by a Lieutenant General in the procurement of dry rations has focused attention on the shoddy manner in which some recent sensitive and high-profile cases were handled.

Procedural irregularities in conducting COIs, which are meant to investigate an issue and fix responsibility, thereby forming the basis for further corrective action, and subsequent legal proceedings have resulted in the Army having to carry out the entire process afresh.

This has raised the issue of availability and commitment of a large number of senior officers, utilising valuable man-hours in terms of witnesses, support and administrative staff and expending government resources for reiterating the exercise. 
While in some cases COI proceedings have been quashed by High Courts, in others, Army Headquarters directed reassembling of the COI after the proceedings were forwarded by lower formations for ratification.

The reassembling of the COI in General Sahni’s case comes after the Armed Forces Tribunal this month quashed earlier proceedings and ordered the Army to initiate fresh time-bound investigations.

Army sources point out that the most common violation while conducting COIs is non-compliance of Army Rule (AR) 180. A letter by the Army Headquarters issued on July 2, 2007, states that it is mandatory to comply with AR 180. This rule gives an accused the right to be present throughout the inquiry, to give any statement or evidence to cross-examine any witness in matters where his character or military reputation is affected.

The Army Headquarters also ordered reassembling of the COI in the case of Brig Bhupinder Singh, Commandant of the Kumaon Regimental Centre, on similar grounds. He had been accused of misbehaving with a junior officer’s wife and some other irregularities, but the COI had acquitted him of the primary charge last month. Another COI has been reassembled to investigate allegations against a Major General form the Army Medical Corps. He had been accused of supervisory lapses and some other irregularities, sources revealed.

A COI presided by a Major General has reassembled in central India to investigate alleged misappropriation of operational funds. The COI had reportedly established several irregularities, but there were procedural lapses in its conduct.

Sources in the Army Headquarters said a number of other COIs forwarded to New Delhi are being perused and some of them may have to be reassembled. A number of cases filed by senior officers, including a Major General, are also pending before the high courts or the AFT where proceedings have been challenged for not affording them full opportunity under AR 180 or some other procedural lapses.