Brigadier moves AFT alleging ‘breach of faith’ by court martial in plea bargain

Brig Chatterjee has averred in his petition that the Major General, who is the General Officer Commanding of a division, called him to his office and offered him a lesser sentence if he pleaded guilty to all 11 charges against him in the court martial. The officer had initially pleaded ‘not guilty’ to the charges against him when the trial had commenced in April 2017.

The officer has stated that the Presiding Officer (General Officer Commanding 20 Mountain Division), through his ADC, sent a message to the Defending Officer, Lt Col Arvind Rajhans, to call him in his office and the Judge Advocate was also present in his office. “A suggestion was given to plead guilty and that the matter would be wrapped up with a reasonable punishment of forfeiture of seniority,” the petition states.

The Brigadier further states that his advocates were also present when the Presiding Officer reiterated his commitment of awarding a reasonable punishment and said that the same will be approved by the commanders up in the chain. Thereafter he pleaded guilty to all the charges and as per the commitment he was awarded a forfeiture of seniority by 10 years and to be ‘Severely Reprimanded’ in October 2017.

However on December 21, 2017 a revision order was issued by the GOC 33 Corps to revise the sentence awarded by the General Courts Martial following which his sentence was increased to three years RI and cashiering from service.

The Brigadier has said in his petition that he is ready to be punished by way of Severe Reprimand and forfeiture of 10 years of seniority which is a red ink entry in his career profile and his promotion stands closed for all times to come. “But this increase is harsh on the very face of it and a total breach of faith by the Court Martial,” he states in the petition demanding that the revision of sentence be set aside.