CHANDIGARH: A court of inquiry (CoI) that had led to an Army brigadier's dismissal without court martial after the 1999 Kargil war for allegedly leaking classified documents has turned out to be fictitious, according to information obtained under the Right to Information (RTI) Act.
The Army's 3-Infantary Division recently told Brig Surinder Singh that no such inquiry was ever held in response to his RTI query days before the 15 anniversary of the Kargil war on July 26. "It has no information about any CoI, as no such inquiry was ordered by this branch during the month September 1999," it said.
Singh had asked for the name and designation of the officers who had convened the CoI as well. In reply, the 3-Infantary Division said it did not have the information because no such CoI was convened.
"The RTI information has vindicated my stand that I had not leaked any classified information," Singh said. "I will fight till my honour is restored."
Singh has now amended his petition before the Armed forces Tribunal, Chandigarh, and told it he was dismissed on the basis of a fictitious inquiry while seeking to have his dismissal set aside.
He has been fighting a legal battle against his dismissal before the tribunal for years. The brigadier's dismissal orders on May 29, 2001 had cited the findings of 3-Infantary division's CoI convened in September 1999.
The CoI was constituted "to investigate the circumstances under which classified/confidential documents/records were retained and leaked contrary to section 5 (1) (C) of the official secrets Act 1923 and guidelines contained in Para 41, 46,58 and 84 of Pamphlet Handling of Classified Documents 1966". A show cause notice issued on August 22, 2000 also referred to the September 1999 CoI.
Singh was "held guilty" of retaining classified documents at his residence, failure to surrender them on relinquishing the brigade's charge and making their photocopies. He became the first officer to be fired without a court martial after the Kargil war.
The officer commanded the 121-Brigade during the Kargil war and was in charge of a 160-km stretch of the Line of Control with Pakistan in the Kargil sector when the intrusions prior to the war took place. He had lost his hearing after a shell had exploded near him.
via The Times of India ,
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