Relief for two Lt. Cols as GCM accepts lawsuit challenging court’s jurisdiction: The Tribune IndiaNews WAALI


Tribune press service

Vijay Mohan

Chandigarh, August 3

Two officers with the rank of Lieutenant Colonel facing trial at a General Court Martial (GCM) for alleged negligence in the construction of a shelter resulting in the death of a child have been exonerated, the GCM having rejected their complaint against the assumed jurisdiction of the court to judge them.

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The two officers were charged with manslaughter under Section 304A of the Indian Penal Code and with acts contrary to good order and military discipline under Section 63 of the Army Code.

One of the officers served as a project manager at a naval colony in Goa and the other was employed as a deputy project manager. They were accused of failing to check and secure the safety bars on which a child had died.

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They were also accused of not properly supervising and supervising the contractor and the consultant during the execution of the project, which resulted in poor fixing of the grates.

The senior lieutenant colonel served as the project leader and the other lieutenant colonel served as the deputy project leader.

During the ensuing GCM trial in Goa, defense attorney Brig Janesh Khera (Retired) claimed: “The mandatory provisions of Navy Regulations and Army Regulations 22, 23 and 37 do not were not complied with during the investigation committee procedure, the indictment and the obtaining of evidence phase. ”

“Furthermore, officers junior to the accused were appointed as members of the Investigative Committee and no reason was given as to why it was ‘impracticable’ to appoint senior members of the accused to the time of the investigation, as required by regulation, added Brigg Khera.

The GCM, chaired by Colonel Girish Kadri, accepted the court’s special appeal to its jurisdiction during hearings, which ended this week, and now those responsible do not face trial.

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