How should the Indian army ethos handle Major Gogoi’s case?

Illustration by Siddhant Gupta

Indian Army Chief Bipin Rawat has said that ‘exemplary punishment’ will be given to Major Leetul Gogoi, if he is found guilty of violation of Army rules.

Major Gogoi was detained after an altercation in Srinagar this week, when a hotel denied entry to a young local woman who had come to meet him.

ThePrint asks: How should the Indian army ethos handle Major Gogoi’s case?

Trust your Indian Army. It will handle Major Gogoi’s case expeditiously

General Bikram Singh
Former Chief of the Army Staff, Indian Army

The Court of Inquiry will bring out the circumstances under which Major Gogoi, while on leave, went to a hotel in Srinagar. Based on the findings of the Inquiry, the case will be dealt with by the Indian Army. Incidentally, the findings will also take into account the inputs from the police and all civilian witnesses concerned.

It needs to be understood that the army’s culture hinges on our societal values such as integrity, loyalty, duty, respect, courage (both physical and moral), selfless service and honour. These values govern the individual and collective behaviours of the organisation and are very dear to one and all. Therefore, there is no way that a value-based organisation like the Indian Army will spare anyone who violates its good order and military discipline.

Prudence suggests that we wait for the Court of Inquiry to be finalised and, in the interim, refrain from pronouncing the officer guilty or passing judgments that may create avoidable biases.

Moreover, we need to exercise caution and protect the identity of the man and the woman, who were with the officer. Immature handling of the case may result in these two civilians being targeted by terrorists.

Trust your Indian Army. It will handle the case expeditiously, and in a fair and just manner.

Army’s enquiry against Major Gogoi will be swift & emotionless

Manvendra Singh
Editor-in-Chief, Defence and Security Alert, and BJP MLA

Major Leetul Gogoi is in a soup, but from which there is no exit via chest-thumping patriotism, or pop nationalism. In complete violation of dos and don’ts in field areas as well as of the army ethos, Major Gogoi stands accused of gross negligence. What he was doing so far away from his unit area, with civilians in tow, and in a zone clearly out of bounds for all ranks are questions that he will be answering. But unlike questions in a police station, or a court of law, he will be grilled under a completely different sets of laws and rules.

It is unknown to most, but the army, and its sister services, are governed by acts of Parliament that have codified their laws as the Army Act, the Navy Act and the Air Force Act. References can be made to the Indian Penal Code, but while in uniform, service acts prevail. To supplement the Army Act are a set of rules called the Regulations for the Army, which are evolutionary in nature and enhanced according to circumstances.

The Army Act works faster and in a more ruthless manner than the IPC or any other legal framework in this country. Punishments, minor or severe, are awarded far swifter than anywhere else. Major Gogoi, if found guilty, will be charged under provisions of the Army Act and army regulations. When the Chief of Army says so, it is certain that the enquiry will not linger unlike probes in some scams and scandals in this country. It’ll be swift, and emotionless, as it should be, given the accusation, the circumstances of the episode, and its environmental impact.

Major Leetul’s latest row can be a test case for Army to set precedent

Shujaat Bukhari
Editor-in-Chief, Rising Kashmir

As far as the Indian Army’s record in Jammu and Kashmir in the last 28 years is concerned, barring a few examples, it has done everything to protect its erring officers. Armed Forces (Special Powers) Act is the biggest cover they have enjoyed. The army’s ethos certainly is different when it comes to Kashmir. One can cite many examples wherein it has strongly defended its people guilty of wrongdoings. Pathribal, Ganderbal, Machil and Bandipora are a few to name.

In the case of Major Gogoi, it is a positive thing if the inquiry has been ordered. To my understanding, Major Gogoi’s act has brought disrepute to the army, and Army chief Bipin Rawat’s visit to Kashmir coincided with it. So, there was no option but to go for damage control. Otherwise his act of tying a civilian to a jeep was shameful that did not deserve commendation. Now that inquiry has been ordered, let us wait for the outcome.

It is not about whether the two people were adults, it has a lot to do with the Standard Operating Procedure laid down for the army in a conflict zone. If the reports are to be believed, it was a case of exploitation since a Major is a powerful entity in a particular area.

I keep my fingers crossed whether Major Gogoi will be handed over any stern punishment, given the past experience. It might be brushed aside either in “national interest” or to ensure that the “force’s morale” should not go down. But it can be a test case for the army to set a precedent, since you asked me the question about how army’s ethos would handle it. For us, that is different.

If Major Gogoi has done wrong, he’ll be expected to face consequences

Lt. Gen. (Retd) S L Narasimhan
Member, National Security Advisory Board

The news reports mentioned that Major Leetul Gogoi, who was in the limelight for making a human shield of a civilian in Kashmir, was involved in an altercation when he was denied a room in a hotel in Srinagar. During the human shield incident, army as well as the government stood by him. Question has arisen as to how he should be dealt in the recent case.

Major Gogoi was supported in the human shield case because it was an operational decision that was taken under extreme circumstances when his life and the lives of his men were in extreme danger. Not supporting him in that case would have resulted in the loss of morale for the troops operating in insurgency areas and curbed their initiative in taking operational decisions.

In the present case, army seems to have initiated a Court of Inquiry. Whether the officer is guilty or not will be established by it. Chief of the Army Staff, when he was on a visit to Srinagar, has made it clear that the officer will be dealt with appropriately, if found guilty. This ethos of the Indian Army and its sister services needs to be understood clearly. Anybody who does anything unbecoming will be taken to task. It does not matter that he is professionally sound or popular. It has been proven time and again that in the armed forces justice is done and that too quickly.

One sincerely hopes and wishes that Major Gogoi has not done anything wrong. If he did, then he can expect to face the consequences.

Compiled by Deeksha Bhardwaj, journalist at ThePrint.