Move to borrow Law Officer from Army upsets Navy

“This could set a wrong precedent. Once an Army officer comes into the Navy, we will be one post less than a Commodore. And this could set off turf wars,” an official at the Naval Headquarters said.

The Navy is, however, divided over the issue, with another section insisting that it is imperative to have an officer with a sound understanding of legal matters and procedures at the helm of affairs. “It is better to have the matters sorted out at the services level rather than having dissatisfied officers going to a civil court and finding flaws with the judgement of the military court,” sources said.

A total of 182 cases against the Navy are pending in different civil courts. “There are 166 cases pending in various High Courts all over the country and 16 in the Supreme Court. This is apart from the various complaints pending with the Ministry of Defence (MoD),” an official revealed. The debate becomes curiouser since the present JAG (Navy) Commodore Sukhvinder Singh says he is law qualified and does not understand why such a proposal is pending. “It must be happening at a higher level. I am not qualified to comment,” he said.

According to the proposal, if an officer of the rank of Brigadier (equivalent to a Commodore in the Navy) is not available, then a Colonel (equivalent to a Captain in the Navy) can be taken on deputation. “It will be clear that this is a one-time affair till there is a suitable candidate for the post in the Navy,” added an official.

The problem, according to the Navy, is that Defence Minister Fernandes’ much-touted Statutory Tribunal for the Armed Forces is still to take off. Fernandes, in an interview with The Indian Express last year, had said that the Government had decided to set up such a tribunal for the Armed Forces. This was for hearing appeals against orders, in court martials and for adjudication of service matters.

The services find Fernandes’ move “laudatory” but are unhappy about the delay. Ministry officials said that the concerned departments have been consulted on the legislative proposal in this regard.

“Certain observations have been raised by departments and ministries concerned, which are being examined by the Ministry of Defence (MoD),” said another official.