SC flays Army for arresting serving officer

The Supreme Court on Monday criticised the Army for arresting its own serving officer, who was court martialled for his act of reporting alleged pilferage and misuse of huge quantity of unaccounted/ unauthorised ammunitions and explosives of dangerous nature in 1998.

The Apex Court questioned the arrest of the then Major Anand Kumar, who was convicted and sentenced to three years’ jail by General Court Martial (GCM) in 2004.

A Bench, headed by Chief Justice TS Thakur, which admitted his appeal against the 2011 orders of Armed Forces Tribunal rejecting challenge to court martial proceedings, said: “How you (Army) have arrested the officer. He was a serving Major. Without a warrant you jumped the wall and entered his house.” 

Additional Solicitor General PS Narasimha submitted that the officer had gone on leave and had been regularly avoiding the serving of warrant and turned the people back.

“If he is not receiving the warrant or communication, will you go and direct his arrest. Why you are using such power to arrest your own officer of a rank of Major,” the Bench said, while noting that the submission of ex-Army officer’s counsel Sree Prakash Sinha that he has completed his sentence and has been terminated from the service.