SC relief for Colonel accused of 'impropriety'

Chandigarh, November 8

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The Supreme Court has set aside the General Court Martial (GCM) proceedings against a Colonel, who was facing the allegations of being involved with another officer’s wife, on the grounds that the charges have become time-barred.

Section 122 of the Army Act bars trial by court martial on the expiry of three years from the date the offence comes to the knowledge of the disciplinary authority or the person aggrieved by the offence, whichever is earlier.

On August 13, 2015, a Colonel had sent a complaint to his brigade commander alleging improper relationship between his wife and the accused officer, following which a court of inquiry was ordered. On November 22, 2018, the Army issued orders that the accused officer be tried by GCM. The Bench comprising Chief Justice UU Lalit and Justice Bela M Trivedi observed having regard to the contents of the letter on August 2015 by the aggrieved person, it clearly transpired that he was aware of the alleged act of the accused.