The Southern Command has recommended to the Army Headquarters to order a court of inquiry on a complaint against the Judge Advocate General (JAG), Maj Gen Nilendra Kumar, the highest legal adviser in the Army.On September 25, the head of the Southern Command, Lt Gen B S Takhar, recommended that ‘‘as a matter of fairplay and on grounds of principles of natural justice, Maj Gen Nilendra Kumar be debarred from rendering any legal advice in this matter and a court of inquiry may be ordered at the Army HQ to investigate into the allegations.’’This confidential letter, a copy of which is with The Indian Express, flies in the face of a statement issued by the Army HQ on December 19 denying an earlier report in this newspaper and claiming that the allegations against Maj Gen Kumar ‘‘have all been examined and found baseless.’’The statutory complaint, which in the Southern Command’s opinion ‘‘merits to be inquired into,’’ was filed by an officer of the JAG department, Maj A K Chandra, making two serious allegations against Maj Gen Kumar.One, that Maj Gen Kumar had refused study leave to him on the basis of a forged document, which the former knew to be a forgery.Two, that Maj Gen Kumar was not eligible to hold the office of JAG as he had appeared for his LLB final year examination in Lucknow in 1982 even though he had been posted throughout that academic year in Kashmir and could therefore have not complied with the Bar Council stipulation of at least 65 per cent attendance.The December 19 denial also glosses over the fact that the officer who processed the Southern Command’s letter in the Army HQ, the additional director general (discipline and vigilance), Maj Gen Rajeev Chopra, endorsed the recommendation for a court on inquiry on Maj Chandra’s complaint.The Indian Express has since asked the Army to confirm whether such recommendations had been made by Lt Gen Takhar and Maj Gen Chopra and to explain why the Army HQ had at an advanced stage quashed the proposal to constitute a court of inquiry.But the Army spokesman referred to his December 19 statement and said: ‘‘There are no additional inputs on the issue.’’Maj Gen Kumar, who had sent a legal notice to The Indian Express for the earlier story, declined to comment on the fresh material when he was contacted.The complaint on which the Southern Command had recommended a court of inquiry is still pending in the Army HQ.
