Former Lt Gen Avadesh Prakash gets temporary relief

New Delhi, March 16 : In a temporary relief for former Lieutenant-General Avadesh Prakash, the Supreme Court Tuesday decided to hear his plea against the Armed Forces Tribunal (AFT)order of February that facilitated a fresh Court of Inquiry (COI) against him in the Sukna land scam.

A bench of Chief Justice K.G. Balakrishnan, Justice Deepak Verma and Justice B.S. Chauhan decided to hear Prakash's plea against being made an accused in the case midway through a CoI but refused to grant any specific relief to him.

Senior counsel Mukul Rohatgi, appearing for Prakash, pleaded before the court to halt the CoI proceedings but the court did not oblige. However, Additional Solicitor General Indira Jaisingh assured him that "nothing may happen" till the hearing in the apex court on March 29.

The former military secretary, the senior-most officer of the Indian Army ever accused of a scam, has come to the apex court claiming that COI order was a violation of the principal of natural justice. The tribunal headed by Justice A.K. Mathur had endorsed the army's move to make him an accused in the scam.

His counsel contended that the former military secretary had appeared as a 19th witness before the CoI, probing the Sukna land scam, but after his deposition he was made an accused in the case.

As CoI ordered his court martial, the former lieutenant general moved the Armed Forces Tribunal, which gave him the permission to examine all other witnesses, examined before him.

Not satisfied with the tribunal's ruling, Prakash moved the apex court seeking the ruling be scrapped.

The Court of Inquiry report of Sep 29, 2009, had indicted Prakash for "using his position of authority to pressurise the staff of Headquarters 33 Corps and influencing Lt-Gen P.K. Rath, GOC" to issue a no-objection certificate to transfer a 71-acre tea estate adjacent to the Sukna military station to family friend and businessman Dilip Agarwal.