New Delhi:
Former Military Secretary Lt Gen Avadesh Prakash's petition challenging action against him in Sukna land scam got him interim relief at the Armed Forces Tribunal on Monday.
Lt General Prakash faces court martial in the land scam for allegedly misusing his position. Army Chief General Deepak Kapoor had given a go-ahead for Gen Prakash's court martial on Defence Minister A K Antony's recommendation.
The findings of the court of inquiry held against him have been setaside for now, and General Prakash will now be given an opportunity tocross examine the eight witnesses who testified against him in hisabsence. This process has to be completed within two months.
The controversy revolves around a piece of land next to the Army's 33 Corps Headquarters in Siliguri in West Bengal. In May 2008, the Army officially wrote to the West Bengal government, stating that it wanted to acquire this land. In October 2008, Lt General P K Rath took over as the 33 Corps Commander and reiterated the Army's decision to buy the land. A few days later, Military Secretary Lt General Avadesh Prakash visited Chumta tea estate during his official tour to 33 Corps, and referred businessman Dilip Agarwal, who wanted to buy the land, to General Rath. In March 2009, 33 Corps under General Rath granted the land to Agarwal with a no-objection certificate.
Being posted at the Headquarters, he had no jurisdiction over Siliguri. The court of inquiry says he took undue interest in the
building project. Agarwal allegedly promised Gen Prakash a job after his
retirement. Notably, the general did not counter witnesses. (
Read: Land scam: Army defends itself; govt says take action)
Prakashthen pressurized the then commander of the 33 Corps, Lt Gen PK Rath, toclear the 70-acre land deal. Rath has confessed to having taken thedecision at Gen Prakash's behest. It is alleged that Prakash, who wasin-charge of promotions at the Headquarters, promised Rath a plumposting there. After the evidence is presented against Rath in the Army's court of inquiry, he may face a court martial. (
Read: What is court martial?)
So far, the internal report states that his decision was "hasty and top-driven action." He's also blamed for "not seeking the concurrence of the Eastern Command."
Under pressure from the Defence Minister, Army Chief General Deepak Kapoor ordered a court martial against Prakash. (
Read: Court martial for Military Secretary Avadesh Prakash)
The Army's inquiry found that Prakash misused his position as Military Secretary to help the real estate developer who ultimately got the Army's okay to buy this land.
Prakash is the country's most-senior Army officer to ever face a court martial.