Colonel, three officers, 17 JCOs and 147 jawans to face court martial

Bachchu Yadav

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NEW DELHI: The Army is going to take strong disciplinary action in the form of court martial against a colonel, two majors, a captain, 17 JCOs (junior commissioned officers) and 147 jawans for the violent clash which took place between officers and jawans of an artillery regiment in Nyoma sector of eastern Ladakh in May 2012.

The Court of Inquiry (CoI), chaired by the deputy chief of the 3 Infantry Division Brigadier Ajay Talwar, has recommended disciplinary action against the 168 personnel of the 226 Field Artillery Regiment, including the unit commanding officer, after finding them prima facie guilty for the face-off, breakdown of discipline, abject failure of command and control, violence and other lapses.

"Around 200 witnesses were examined by the CoI under the 3 Division, which was then submitted to the Ladakh-based 14 Corps for further action," said an official.

The startling free for all in the highly disciplined environs of the Army has sent shockwaves down the ranks, especially since it left the unit CO, two majors and two jawans hospitalized with limb fractures, bruises and other injuries, as was earlier reported by TOI.

Overall, around 15 officers and over 100 other ranks are in the dock for four face-offs between officers and jawans that took place in armoured and artillery units deployed in Nyoma, Patiala, Gurdaspur and Samba areas in recent times, which indicate the declining discipline and leadership standards in the 1.13 million-strong force.

In the face-off between officers and jawans in 16th Light Cavalry unit at Samba in J&K last August, the CoI has recommended five soldiers be sacked, while another four will face court martial under "disciplinary action".

On the other hand, three junior commissioned officers (JCOs) are to face "disciplinary action" while four other officers, including the unit commanding officer, will face "administrative action" for the unrest that was triggered after a soldier, Arun V, shot himself with his service rifle on August 8, 2012 in Samba.

While the five jawans are being sacked using the "administrative termination of service" provision in the Army Act, it has also been decided to post 39 other ranks out of the unit.
 

W.G.Ewald

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Re: Colonel, three officers, 17 JCOs and 147 jawans to face court mart

The Court of Inquiry (CoI), chaired by the deputy chief of the 3 Infantry Division Brigadier Ajay Talwar, has recommended disciplinary action against the 168 personnel of the 226 Field Artillery Regiment, including the unit commanding officer, after finding them prima facie guilty for the face-off, breakdown of discipline, abject failure of command and control, violence and other lapses...In the face-off between officers and jawans in 16th Light Cavalry unit at Samba in J&K last August, the CoI has recommended five soldiers be sacked, while another four will face court martial under "disciplinary action".
A prima facie case presented to a Grand Jury by the prosecution will result in an indictment
This definition comes from US criminal law.<http://dictionary.law.com/default.aspx?selected=1598> so may be irrelevant here.

Interesting that the IA Court of Inquiry can impose penalties, but it is not a court-martial? Also five accused to face a separate court-martial by decision of CoI.

Also almost a year seems a long time for a judgement on prima facie evidence.
 

Ray

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Re: Colonel, three officers, 17 JCOs and 147 jawans to face court mart

This definition comes from US criminal law.<http://dictionary.law.com/default.aspx?selected=1598> so may be irrelevant here.

Interesting that the IA Court of Inquiry can impose penalties, but it is not a court-martial? Also five accused to face a separate court-martial by decision of CoI.

Also almost a year seems a long time for a judgement on prima facie evidence.
The procedure is that first there is a Court of Inquiry to establish that there is a case. This is not admissible in court as evidence.

If it is proved that there is a case, then there is what is called Summary of Evidence recorded. This is admissible in court.

Thereafter after this is vetted by all echelons of command, the legal advice taken and then the Convening Authority orders a Court Martial.

After the Judgement, it has to be affirmed by the Convening authority.

There is no provisions for appeal , except if there are grounds that certain issues had procedural error and was bad in law!
 
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t_co

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Re: Colonel, three officers, 17 JCOs and 147 jawans to face court mart

What the hell happened? Can't imagine what would trigger a free-for-all brawl involving over 100 people. With all those ready weapons around, thank goodness no one was killed
 

Blackwater

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Re: Colonel, three officers, 17 JCOs and 147 jawans to face court mart

The procedure is that first there is a Court of Inquiry to establish that there is a case. This is not admissible in court as evidence.

If it is proved that there is a case, then there is what is called Summary of Evidence recorded. This is admissible in court.

Thereafter after this is vetted by all echelons of command, the legal advice taken and then the Convening Authority orders a Court Martial.

After the Judgement, it has to be affirmed by the Convening authority.

There is no provisions for appeal , except if there are grounds that certain issues had procedural error and was bad in law!


Sir Ray,

can you please shed a light on this incident ,What went wrong??,What could be the case?? from your personal experience and being Ex-armymen
 

Ray

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Re: Colonel, three officers, 17 JCOs and 147 jawans to face court mart

Basically, as is known, these are acts of insubordination on part of the troops and high handed actions by the officers , both being beyond the pale of law and man management.

There are many reasons why these types of things happen and one of the prime reason is that the interactivity between officers and their men have diminished because there are too many courses of instructions they have to attend and too many Station duties that take the officers away from the men.

Unless people work and act together for a considerable period of time, the bond and cohesion does not develop which is absolutely essential for each other to adapt to each others weakness and strengths.

Further, because of the political environment of the country where the emphasis is on feigned populism, this populism has crept into the Army, little realising that for the Army to do their work, democracy or feigned democracy just does not work since the task assigned by the Govt to the Army is not always too pleasant or as per one's wishes and desires. In such circumstances, one has to obey orders even if it goes against one's own perceptions and sentiments.

When in such a circumstance, one resorts to populism, the fibre of discipline and disciplined reaction breaks down.

By this action of making a large number accountable and punished, it is the correct message being sent, that law cannot be taken into one's own hand and if one wants to redress one's grievances, then one should approach the same as per the law and rules laid down.
 
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Ankit Purohit

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Re: Colonel, three officers, 17 JCOs and 147 jawans to face court mart

After court Martial they will send to jail or releave from duty ??
 
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Ray

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Re: Colonel, three officers, 17 JCOs and 147 jawans to face court mart

After court Martial they will send to jail or releave from duty ??
Court Martial does not automatically means dismissal. cashiering or jail.

Depend on the charge for which they are being booked (and it maybe different for different chaps involved) and the Section of the Army Act under which they are booked, the Court will decide as to the punishment from the minimum to the maximum years, depending upon the wisdom of the Court.
 

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