Chennai, Oct 4 (PTI) The Madras High Court has set aside an order of a trial court, convicting and sentencing an army officer to two years Rigorous Imprisonment for certain alleged irregularities in the purchase of tinned meat for the then Indian Peacekeeping Force (IPKF) troops stationed in Sri Lanka during the year 1987.
Justice G Jayachandran set aside a May 2013 order of the XIV Additional Court for CBI cases recently while allowing an appeal from Major General A K Gupta.
The judge said a witness from the records had explained the supply and delivery of tinned Kheema on various dates continued till February 6, 1988. He admitted that the purchase of the items were top secret and movement of troops, movement of food items, supply were all top secret. From the above evidence, it was clear the decision to go for local purchase was not an unilateral action of the accused, but it was a collective decision.
The regulation of Army does not prohibit local purchase and the meat procured from a private company was during the peak of IPKF action. The prosecution has not placed any material to show that the purchase of tinned meat from the company was in excess and was not required for IPKF. The trial Court has only referred to the stock position in the supply depot at India and not the requirement of the troops in Sri Lanka for which the purchase was made, the judge added.
The court said prosecution witness Lt.Gen.Depinder Singh, who was assigned with the task of conducting ‘Operation Pawan’ in Sri Lanka and also ensure the requirement of the IPKF soldiers in terms of clothing and food reaching them on time, had deposed the force sent to prevent the LTTE and the Sri Lankan army from fighting each other was dragged into the fight by LTTE which forced the Indian Army to raise the number of troops and consequential increase in supply requirement.
He had also deposed that most of the decisions were taken orally to keep confidentiality and secrecy. “Therefore, this Court is of the view that, with truncated material and without scrutinising the materials placed in entirety, the Investigating Officer had filed the final report and had heavily relied upon the evidence of two prosecution witnesses, who were the Investigating Officers in this case”, the judge added.
The judge said the trial Court had held the appellant guilty without giving reason why the evidence of prosecution was ignored when the witnesses admit that the meat was supplied and the price offered by the company was the least.
The judge said the conduct of the appellant, who fled from custody when he was taken to Ahmednagar to face Court Martial, has weighed in the mind of the Court. The suspicion based on subsequent conduct and acceptance of the prosecution version without material to corroborate, warrants to interfere with the decision of the trial Court.
“Cumulatively on appreciation of evidence, this Court arrives at the conclusion that the prosecution has failed to prove the charges beyond doubt. Therefore, the benefit of doubt extended to the appellant,” the judge added and set aside the order of the trial court. PTI CORR SA
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