Anonymous allegation is not basis of prosecution in Army: High Court

New Delhi, Jan 11 (UNI) While dismissing the petition of the Indian Army, the Delhi High Court today held that the authorities could not prosecute former Director General of Supply and Transport (DGST) Surendra Kumar Sahani on the basis of the allegations levelled in an anonymous letter.

A division bench headed by Justice Swatanter Kumar said the Army could not constitute a Court of Inquiry and proceed against Lt.

General Sahani on the basis of a letter, which did not have any basis.

However, the High Court gave liberty to the Army to proceed against Lt. Gen. Sahani within a month if there was any evidence of his alleged involvement in any malpractice.

The Court directed Lt. Gen. Sahani not to leave Delhi and Gurgaon for another month, which was imposed on him during the hearing of the petition.

In a 60-page order, the Court said, ''Respondents(Army) have not complied with the provisions of Rule 180 of the Army Act, as such they can not take any further proceedings against Lt. Gen. Sahani on the basis of the Court of Inquiry held in furtherance to the order of the competent authority pronounced on September 26, 2005.'' ''However, the respondents(Army) are at liberty to give notice to the petitioner and continue with the proceedings under Rule 180, or, in the alternative, even exercising any other power available to them under the Act,'' said the order.

The Army had received an anonymous letter in 2002 that Lt. Gen.

Sahani had allegedly resorted to malpractice while distributing ration to the army units stationed at various stations in the country.

A Court of Inquiry was constituted on September 23, 2002 to proceed against Lt. Gen. Sahani, who retired from the service on september 30, 2006.

Counsel Viraj S Dattar appearing for Lt. Gen. Sahani submitted that according to the Army order 4 of 2000 and Central Vigilance Commission(CVC) Act a General Court of Inquiry could not be ordered on the basis of an anonymous and pseudonymous complaint.

A Single bench of the High Court had stayed the order of the Army for the constitution of the Court of inquiry on March 16, 2003.

Lt Gen. Sahani was commissioned to the Army on December 16, 1967 and was posted as Director General of Supply and Transport(DGST) at New Delhi before his retirement.

UNI