Army officer charged with intent to defraud

With the Armed Forces Tribunal AFT dismissing a petition by former Military Secretary Lt Gen Avadesh Prakash for a stay on proceedings in the Sukna land scandal case

With the Armed Forces Tribunal AFT dismissing a petition by former Military Secretary Lt Gen Avadesh Prakash for a stay on proceedings in the Sukna land scandal case,the Army has charged the retired officer with intent to defraud and using his official position to influence his colleagues.

The former officer,who is the senior most officer in the armed forces to face such charges,was read out six charges during legal proceedings that were carried out at the Eastern Command Headquarters in Kolkata on Tuesday. The Army will initiate the Summary of Evidence SoE proceedings that could lead up to a general court martial.

Sources said six charges were read out to the officer on the basis of the Court of Inquiry that implied his involvement in influencing a land deal that would have benefited a local land developer. The more serious charge of intent to defraud was also read out from the tentative chargesheet to the former officer,a step ahead from the court of inquiry that raised questions over his undue interest in the Sukna land deal.

The Army will then take a call on whether to proceed with a court martial against the officer,based on the evidence presented during the SoE proceedings. If the court martial proceedings are ordered,six Lt Gens will be required to hear and decide the case.

In the case of Lt Gen P K Rath,the former 33 Corps Commander who was also found blameworthy by the Court of Inquiry,the summary of evidence is nearly complete. Sources said that a formal court martial is likely to be ordered shortly in the case. With an unprecedented two Lt Gens one retired facing court martial,the Army will need to spare six officers of the rank of Lt Gen to hear and decide the matter.

It may be recalled that Lt Gen Prakash had been indicted by the Court of Inquiry for taking undue interest in a land deal and influencing junior colleague. The inquiry had raised a flag on the past business and personal relationship between land developer Dilip Agarwal and the Army officer. Lt Gen Rath had been charged with overturning the decision of his predecessors and failing to take the permission of his seniors for the land deal.