Armed Forces Tribunal tells General Court Martial to decide Brigadier Suresh Gupta’s plea on limitation afresh

Bhartesh Singh Thakur

Chandigarh, February 7

The Chandigarh-bench of the Armed Forces Tribunal (AFT) has set aside the order of a General Court Martial (GCM), trying a Brigadier for demonetisation scam, on the period of limitation and directed it to decide the “Plea in bar” of the officer afresh, after affording the parties to produce evidence.

Brigadier Suresh Gupta allegedly abetted the exchange of old currency notes, and the preparation of 5,944 forged forms with fake IDs for cheating, from December 12, 2016, to January 10, 2017. He is also accused of pressurising Brigadier MK Khan, the then Director, Army Postal Service Headquarters, Western Command, for not submitting an investigation report into the scam, for improperly interfering in the internal functioning of the post office during demonetisation.

Brigadier Gupta’s counsel Rajesh Sehgal submitted that since he was on deputation with the Army Postal Service (APS), he couldn’t be subjected to disciplinary action under the Army Act.

The AFT said being a temporary commissioned officer in the APS, Brigadier Gupta “is subject to the Army Act for all intents and purposes, including disciplinary action”.

The AFT ruled that each and every order passed by the GCM during the course of the proceedings cannot be challenged by the way of appeal under the AFT Act, 2007, but it pointed out since an order to dismiss “Plea in bar” mixed question of law and facts, an appeal against such an order was maintainable.

Brig’s Gupta “Plea in bar” was that the trial against him commenced beyond the period of limitation which is three years. His counsel submitted that as per the Army Act, the trial against him would have commenced within three years from the date when the competent authority came to know about the offence.

However, the AFT said that the General Officer Commanding made an endorsement of action against Brigadier on July 6, 2018. It added that the trial against the accused “prima facie” commenced within the period of limitation as it noted that the order for the convening of the GCM was passed on June 2, 2021, and the first proceeding was held on June 15, 2021.

But as the “Plea in bar” was decided without affording an opportunity to Brigadier to produce evidence in support, the AFT ordered the GCM to decide it afresh.

Colonel Subhash Chandra, Captain Gagan Bawa and Warrant Officer G Rajendran are also facing trial in the case while Lieutenant Colonel Sudhir Kumar Singh was awarded forfeiture of two-year service after being held guilty.

Demonetisation scam trial

• The Western Command is holding the GCM of Brigadier Suresh Gupta in a case of exchange of personal cash with new notes after demonetisation was announced in 2016
• As per the chargesheet, Brigadier Gupta, while being posted as Director, Army Postal Service (APS) in the office of the Additional Director General, APS, Army Headquarters, Delhi, was involved in the exchange of Rs6 lakh old notes