To
Sri Rajnath Singh
Union Minister for Defence
South Block, New Delhi
Subject: Regarding court-martialing of Army Officer concerned & Lieutenant General PS Shekhawat
Sir,
1. An incident involving an Army Officer and his fiancée had taken place on 15th instant in Bharatpur Police Station area in Bhubaneswar. It has received wide publicity, and you may have already been briefed about it. Therefore, I do not repeat those details.
2. In the midnight of 15th instant an Army Officer and his fiancée allegedly indulged in drunken driving, got into a drunken brawl with some youth and then went to Bharatpur Police Station, misbehaved and threatened the police officers, and created ruckus there. The State authorities have promptly acted by suspending 5 police officers, entrusting investigation of cases to the CID-Crime Branch, and constituting a Judicial Commission of Inquiry headed by a Retired Judge of the Odisha High Court.
3. The Army Officer concerned has evidently committed serious offences under sections 45 and 48 of the Army Act 1950, apart from civil offences, which are extracted hereunder for your ready reference:
“45. Unbecoming conduct.—Any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned; and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.”
“48. Intoxication.—
(1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this Act mentioned ; and, if he is not an officer, be liable, subject to the provisions of sub-section (2), to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(2) Where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.”
4.1 In connection with the aforementioned incident, Lieutenant General PS Shekhawat, AVSM, SM, General Officer Commanding & Colonel of the MECH INF REGT, Madhya Bharat Area, has addressed a letter dated 18.09.2024 to the Hon’ble Chief Justice of Odisha High Court, Cuttack. Prior to the said communication dated 18.09.2024, he had met the Hon’ble Chief Justice at his residence on 17.09.2024. The Hon’ble Odisha High Court took suo motu cognizance of the incident based on the said letter of General Shekhawat vide SUO MOTU W.P.(C) No. 23735 of 2024 and issued suitable directions to authorities concerned.
4.2 Like any Army Officer, Lieutenant General PS Shekhawat is subjected to the rigours of the Army Act, 1950 and the rules, regulations and orders made thereunder.
4.3 The said letter dated 18.09.2024 of Lieutenant General PS Shekhawat is widely circulated👇in SM and MSM, which is an offence under section 21(c) of the Army Act, 1950.
4.4 Secondly, Military officers making courtesy calls on civil and judicial authorities is one thing, but their taking up of contentious issues with the latter bypassing the Ministry of Defence and Central Government is entirely different thing, and the latter is forbidden. Therefore, the conduct of Lieutenant General PS Shekhawat directly taking up the matter with Hon’ble Chief Justice of Odisha High Court, bypassing proper channels namely the Army Headquarters and Ministry of Defence, is unbecoming on his part which is an offence under section 45 of the Army Act, 1950.
4.5 Sir, this is an extremely serious matter involving an extraordinary undisciplined conduct and breaking the chain of command by a very senior Army officer Lieutenant General PS Shekhawat by taking matters to into his hand bypassing the proper channels and Central Government. As you know, any slackening of civilian authority over the Armed Forces encourages Generals to go berserk and interfere in the civil administration to eventually overthrow democratically elected government. Sir, I am not being alarmist even a bit. The grave unbecoming conduct of Lieutenant General PS Shekhawat, if goes unpunished, would encourage other Generals who may be itching to grab power a la Generals in our neighbourhood. As the elected leaders in Pakistan and Bangladesh failed to nip the undisciplined and overawing conduct of their Generals in the bud stage, those countries have been to paying heavy price of losing democracy altogether. Eternal vigilance is the price of democracy.
5. It is, therefore, requested that the Central Government may immediately constitute a General Court-Martial or a Summary General Court-Martial in exercise of powers conferred on them by sections 109 and 11 of the Army Act, 1950 respectively to try and punish the delinquent:
(i) Army Officer involved in the incident in Bhubaneswar on 15-9-2024 for offences under sections 45, 48 and other relevant provisions of the Army Act, 1950, etc; and
(ii) Lieutenant General PS Shekhawat for offences under sections 21(c), 45 and other relevant provisions of the Army Act, 1950, etc.
Regards
M. Nageswara Rao, IPS (Retired)
Former Director, CBI
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