GCM relief for VK Singh’s aide

CHANDIGARH: Colonel Hunny Bakshi, the then commander of controversial Technical Services Division (TSD), on Friday got a reprieve from the proceedings against him after a General Court Martial trying him for alleged mishandling of sensitive information accepted his plea that the trial was without jurisdiction.

Vijay Mohan

Tribune News Service

Chandigarh, March 23

Colonel Hunny Bakshi, the then commander of controversial Technical Services Division (TSD), on Friday got a reprieve from the proceedings against him after a General Court Martial trying him for alleged mishandling of sensitive information accepted his plea that the trial was without jurisdiction.

This implies that either the GCM’s convening authority, General Officer Commanding 1 Armoured Division in this case, can either order a fresh trial or abandon the case. Bakshi’s counsel Col Virender Singh (retd) contended that since the charges had become time-barred, afresh trial couldn’t be ordered.

The TSD had been set up in May 2010 as a special intelligence gathering unit by then Chief of Army Staff Gen VK Singh and now Minister of State for External Affairs. The functioning of the unit, which reported directly to the Director General of Military Intelligence, had come under a cloud following allegations of irregularities and misconduct. It was disbanded after Gen Bikram Singh succeeded VK Singh.

The GCM, presided over by Brig D Setpute, Commanding of an Air Defence Brigade at Ambala on Friday, held that the composition of the court of inquiry (COI) that had investigated the allegations against Bakshi was illegal and contrary to the relevant Army Regulations and the cyber policy.

The GCM also accepted his plea that he was not provided with documents to establish his defence and lead evidence, besides not being given adequate opportunity to cross-examine witnesses. Further, the principles of natural justice as envisioned in Army Rule 180 were not complied with during the COI.

The GCM was convened on two charges under Section 69 of the Army Act read with Section 5 of the Official Secrets Act and Section 63 of the Amy Act.

According to the chargesheet, Bakshi, while being in control of sensitive information that could affect security of the state, failed to take reasonable care to safeguard it, resulting in its disclosure by an NCO of the unit, Havildar Sham Das, to unauthorised persons.

The chargesheet also stated that he improperly omitted to assign reasons for periodic destruction of a hard disk held by the unit, thereby violating provisions of the Army’s cyber security policy.

Sham Das was dismissed and awarded a 10-year sentence by a separate GCM after he was intercepted in Kerala while in possession of a CD containing sensitive information when he was on leave in 2012.