Jabalpur — The Army court on Tuesday awarded 10 years rigorous imprisonment and dismissal from service to the two noncommissioned officers who were facing trial on the charge of mutiny, desertion and abetment here.
Both the accused, Hav. Hari Singh and Naik Sadhu Singh, had deserted from the Sikh Regimental Centre, Ramegarh, on June 10 last year. The sentences by the court-martial presided over by Brig H. S. Lamba, shall be subject to confirmation by the commandant-in-chief, Central Command, the court said.
The court found both the accused guilty of all the charges framed against them under various sections of military acts.
Earlier, the advocate judge, Mr. R. R. Kadyan, briefly summarized the prosecution and the defense counsel cases and evidence in relations to law on the subject.
Munity in the Army is considered. The “‘gravest”’ crime in its conviction carries a death penalty. But the court, it appears, took a lenient view in consideration of the “‘emotional turmoil’? And the “neculiar set of circumstances’ which prompted the accused to desert.
The defense counsel, Supreme Court advocate, Mr. Rajinder Singh, earlier pleaded that the accused did not desert their post voluntarily as they were simply swayed by the ‘“‘tremendous emotional earthquake,” the consequence of the Golden Temple action.
He said there were cases galore of high intellectuals as also eminent administrators acting disloyally and unconstitutionally under the “trying circumstances.’’ Comparatively, the deserters, being semi illiterates were generally missing formed and therefore, their reaction to certain circumstances should be condoned, he added.
Article extracted from this publication >> March 22, 1985
