Legal Question in Criminal Law in India

The story found published in various media saying that " The officer, Maj Gen Debasish Roy, former head of the Army Education Corps, was tried on four charges under Sections 57 and 63 of the Army Act for falsifying official documents, making false declarations and acts prejudicial to good order and discipline. The court held him guilty of all four charges" is simply vindictive.

Major General Debasish Roy (Retd) faced

continued harassment, humiliation and suffering which he had to undergo due to the series of proceedings as he was upright and bold. Various pertinent factual and legal issues which would be sufficient to shake conscience due to such grave injustice which the General officer have been made to suffer for the sake of purity of administration even though he has not done anything which could even be sufficient to add any criminality to any actions for which he had to face the proceedings.

The charges for which he was tried were purely medical issues for which he is not at all authorised or accountable for any commission or omission.

All the evidences are Documentary and Primary evidences verified by the issuing authorities and confirmed correct. The allegation and the charges levelled werr factually incorrect, baseless, misconceived, incorrect, without verifying facts from concerned records, witnesses and not even substantiated with sufficient and relevant documents.

It is an act of great damage in terms of defamation, mental torture, agony and complete loss of face in the society, due to illegal and irregular framing of completely incorrect charges against the General on frivolous, baseless and incorrect accusations, on purely medical issues meriting hardly any great importance, though all the medical documents have been found correct by concerned competent medical authorities .

Without any cogent evidence, he has been held guilty.

The biased , vindictive and unfairness of action of the authorities on conduct and ordering proceedings are crystal clear.

At no stage the provisions of law have been followed in its letter and spirit due to obvious reasons to support the decision already taken to victimize the General Officer ,due to misplaced perception of the authority who hold important position causing grave injustice to him , who in- spite of an illustrious career in Army and having rose to the rank of Major Geneneral had to stand as a person woh committed wrong , for doing something, which by no stretch of imagination can be termed improper or without authority of law which otherwise permissible within the existing frame work of the policy labeling the same as offence by adding the element of criminality in it under the Army Act is a clear absurdity and sheer victimization. Similarly, the officer, being castigated for the action of higher medical authorities, who were required to process not only the medical boards, but also approve / peruse such proceedings as per established norms. The General Officer has acted on the advice and findings of the medical Authorities and the authorities have proceeded against the officer, when neither there is any finding by applying the strict medical standards about the factual incorrectness of the earlier findings nor such officers medical authorities who have rendered such findings have been proceeded against. Hence, we are at complete loss of words as to how he can can be proceeded against in the given situation.

The entire edifice of the initiation of the case against the officer, is the misplaced perceptions of higher ups of the Army, whose wish is accepted as the command of the officers serving under him , irrespective of the position they may be holding in the Army , in the hierarchical structure , which functions under command influence and has turned the blind eyes to the legality and fairness by competing with each other to support such illegal decisions . The prosecution and the authorities are fully aware of the real issues but they know they can hoodwink and mislead their in-house system to get the desired result but they should be well aware that the matter does not rest here and it is made clear to them that this would be a classic case which will bring changes in the autocratic manner and abuse of power by such authority ,for such malicious prosecution.

It is for sure that the Indian civil legal system shall uphold the universal and omnipotent principles of fair trial and natural justice and the truth will be known to the World.

Asked on 3/31/20, 8:47 am

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896


Could we have a copy of the final judgment. You may reach me at [email protected] ; or [email protected] or +919810050896; +918527339174

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Answered on 4/01/20, 10:59 pm

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