Army Chief Didn’t Apply Mind before Changing Decision: Prakash

Lt Gen Avadesh Prakash, accused in the Sukna land scam, has said that Army Chief General Deepak Kapoor didn’t apply his mind before reversing his decision to start court martial proceedings against him, said media reports.

Prakash said that fresh court of enquiry ordered by the Armed Forces Tribunal would bring to fore new facts and clear his role in the case, said reports.

“That is right,” Prakash was quoted as saying in an interview in response to a query whether Kapoor had not applied his mind while initiating disciplinary action (court martial) in the case against him after initially ordering administrative action.

It may be mentioned that Kapoor changed his decision following the advise from Defence Minister AK Antony.

Prakash alleged that the disciplinary action against him was in violation of an Adjutant General Branch’s earlier directive that once an action has been set in motion, it can’t be changed, said reports.

“It (AG’s letter) says once the competent authority after having applied his mind to full facts of the case decides to initiate administrative action and such action has commenced, at this stage to revert to disciplinary action is not only unjustified but also legally unsustainable,” Prakash was quoted as saying.

The Armed Forces Tribunal, however, had dismissed Prakash’s contention in its ruling on February 22, saying that the policy was only a general guidance and ‘not binding in nature’.

Prakash said the COI report from Kolkata-based Eastern Command was received by the Army Chief on December 22-23 (2009) and the latter took three weeks to issue him a show cause notice on January 15 (2010), reports said.

“I gave my reply on January 22. On January 29, I was given a letter, which says that administrative action is cancelled and disciplinary action is to be constituted against me,” he was quoted as saying.

He said that Kapoor took only three days since his response to the notice before changing administrative action to disciplinary action and that the letter to initiate disciplinary action against him didn’t mention his reply to the show-cause notice, clearly indicating there was no application of mind to change the earlier decision, said reports.

Nonetheless, Prakash declined to comment when asked if the Army Chief had not told the ‘full truth’ couple of weeks ago when he said that he had considered the former Military Secretary’s reply before ordering disciplinary action, reports said.

In response to a query as to why he didn’t complain against the Army Chief’s decision right after receiving the letter on January 29, he said, “I had no time to complain against the action as it was the day of ‘Beating the Retreat’ when all offices in North and South Blocks close down by 1300 hours and I was also being given farewell when I received this shocking letter.”

(Based on internet reports)