Sukna Land Scam - stripped general rank and medals - dismissed from service

Guwahati/New Delhi, Dec. 3: Former military secretary Avadhesh Prakash today became the most senior officer to be punished by a court martial that stripped him of his rank and medals and dismissed him from service.

The court martial found Prakash, who retired as a lieutenant general, guilty of attempting to transfer land adjacent to the Sukna military station in the strategic north Bengal corridor to a Siliguri-based realtor, Dilip Agarwal.

Prakash, who as military secretary was principal staff officer to former army chief Gen. (retired) Deepak Kapoor, retired in January 2010. But under defence regulations, he was accountable for actions as an officer for two years after superannuation.

With the verdict, he loses his retirement benefits, including pension, gratuity, access to army canteens and medical facilities. He cannot also prefix his name with the rank “Lt General (retired)”.

The verdict of the court martial and the sentence is yet to be confirmed by the army chief. Prakash has the right to appeal to either the Armed Forces Tribunal or to the Supreme Court.

The court martial found Prakash guilty of three of four charges under the Army Act. The court found that as military secretary, his conduct was “unbecoming of an officer” (Section 45), and also concluded that he was guilty on two counts of “intent to defraud” (Section 52f).

The court, however, gave Prakash the benefit of doubt under Section 69 (causing a civil offence). The charge under this section was that he had recommended a no-objection certificate to be given to Agarwal for setting up an educational institute.

There is a strong feeling that Prakash may have got off lightly.

“The two charges under Section 52f attract a maximum punishment of 10 years…. Viewed in that light, the punishment in this case could be called lenient and invites the option of revision,” said former Judge Advocate General Major General (retired) Nilendra Kumar.

As military secretary, Prakash was responsible for transfers and postings in the army.

In January, the court martial had also punished in the same case Lt General P.K. Rath, who was the commander of the Sukna-headquartered 33 Corps in 2008.

A court of inquiry had found that Prakash, who was senior to Rath, had promised him a plum post if he aided the realtor by giving a no-objection certificate for the transfer of the land.

The court martial, chaired by Lt General Philip Campose at the 51 sub area command at Narengi near Guwahati, had been hearing the case since June 27.

It found that Prakash had gone to Jodhpur on August 22, 2008, citing official work, but the trip was actually in connection with the proposed educational institute.

The verdict and the sentence came this morning at the Narengi military station where the general court martial proceedings have been conducted since June 27.

Sources said the court, which also included six officers of the rank of major general, started deliberating on the findings yesterday morning and continued till late into the night.

The sentence also effectively strips Prakash of his decorations — Param Visisht Seva Medal, Ati Visisht Seva Medal and Visisht Seva Medal.
-TT