Chandigarh, August 28 (KMS): About three years after the Indian Army unearthed a scam involving large-scale siphoning of oil supplies at Leh in occupied Kashmir, Indian army is planning to take over the case from the local judicial authorities at Leh.
Indian army sources told Indian daily “Tribune India” that army personnel were now contemplating action against a Brigadier for lack of exercising adequate control and supervision and they had handed over the case to the civil authorities for prosecution after the services of two officers involved were terminated administratively.
A charge sheet pertaining to the case was reportedly filed before a Magistrate in Leh by the local police a few weeks ago and at that time the Indian Army authorities took up the matter for initiating disciplinary action against him. In fact, the Army had earlier served him a show-cause notice to which he had replied.
Sources in Indian Army Headquarters pointed out that taking back the case from the civilian authorities at this point of time would pose a legal lacuna as the case would then become time-barred for trial, since three years would have elapsed. Moreover, after administratively terminating the services of the officers, their trial by a court martial would not be legally tenable.
In summer 2005, several oil tankers were caught at Leh carrying water instead of fuel. After initial investigations that held a Lieutenant Colonel, a Captain and several Army personnel blameworthy for fraud and criminal conspiracy, the Army handed over the case to the civil authorities for disposal.
It was considered that trial of the accused personnel by general court martial would be impractical and inexpedient as a large number of civilians like tanker drivers and others involved.