HC extends suspension of letters issued against Lt Col Dharamvir
Source: The Sangai Express

Imphal, January 24 2019: The High Court of Manipur today issued a ruling categorically stated that the interim order it issued on November 5, 2018 shall stand extended until further order.

Lt Col Dharamvir Singh filed a writ petition against the Government of India and four others praying for issuing a writ of certiorari or any other appropriate writ to quash and set aside some letters including the letter dated 5-10-2018 order of attachment issued by the Additional Director General, Discipline and Vigilance Adjutant General's Branch, Integrated Hqs of MoD (Army), New Delhi on the ground that the respondents have issued the said letters to harass him as he had disclosed certain facts about the killing of innocent youth of Manipur by the army authority.

After perusing the writ petition, the High Court issued notice to the respondents and also suspended the letters including the attachment order issued by the army authority.

In the meantime, Lt Col Karam Raja Singh filed a counter affidavit on behalf of the respondents wherein the allegations made by Lt Col Dharamvir Singh in his writ petition were dubbed as false.

The attachment order dated 5-10-2018 was issued under the Army Instruction No 30/86 which provides that an officer against whom disciplinary action is contemplated may be attached to other units at the discretion of the Army headquarters for the purpose of investigation and that such attachment will be ordered only when a prima facie case is established against him and not during the investigation stage by a Court of enquiry.

However, the order of attachment does not mention that it has been issued in contemplation of disciplinary action nor has it been stated therein that a prima facie case against him is established for issuing such an order of attachment.

The power of the army authority to issue such order of attachment is not disputed but the army authority is not above the law and is governed by the rule of law.

Article 14 of the Constitution of India mandates that the Government or its instruments ought to act fairly and reasonably and it strikes at the root of arbitrary and unreasonable action, the High Court pointed out.

The Court further asked if the order of attachment was issued by the army authority with malafide intention to harass the petitioner or not.

ASG S Suresh who appeared on behalf of the respondents submitted the reasons for issuing the order of attachment in a sealed file and prayed that the interim order of November 5 last year is not extended so that the army authority could proceed with the enquiry.

On perusal of the file placed in a sealed cover, the High Court saw that the order of attachment was issued pursuant to a communication dated 29-9-2018 of the Lt Gen, GOC enclosing therewith a report which was prepared on the basis of a letter/report dated July 2, 2018 of Lt Col RP Nanda who was transferred at M-Sector, Imphal in place of Lt Col Dharamvir Singh.

Although RP Nanda wrote his letter on July 2, 2018, a letter was addressed to the Hqs, Eastern Command by the Col A (D&B) on behalf of the GOC requesting for taking up a case for issuance of order of attachment only on September 25, 2018 .

The High Court further pointed out that the step for issuing order of attachment was taken up only after Lt Col Dharamvir Singh filed an affidavit on July 20, 2018.The affidavit filed by Lt Col Dharamvir came as a thunderbolt to all sections of society as it alleged that three Manipuri youths namely; Phijam Naobi, RK Ronel and Th Prem, were abducted from a rented house at Dimapur by 3 Corps Intelligence Unit and killed behind the Mess on March 10, 2010.It further alleged that PLA leader G Jiteshwar Sharma alias Gypsy was picked up from a rented room near SM College, Dimapur along with his innocent friends on August 18, 2011 and killed in cold blood by the same team behind its Unit Mess and their bodies were buried there itself.

The High Court of Manipur directed the respondents to produce a status report of the enquiry being conducted by the SIT in accordance with an order passed by the Gauhati High Court on January 28, 2018.Accordingly, the counsel appearing for the respondents tabled a report January 11 this year but it appeared that the enquiry is incomplete and nothing has been done about the incident which allegedly took place on August 18, 2011, the Court remarked.

Categorically stating that if the interim order which suspended all letters issued by the army authority against Lt Col Dharamvir Singh is not extended till the disposal of his writ petition and if the army authority is allowed to continue with the enquiry proceedings, the writ petition is likely to be rendered infructuous, Justice Kh Nobin issued a ruling which extended the same interim order until further notice.

The High Court also directed that the counsel appearing for the petitioner may file rejoinder in the meantime, if any, to the counter affidavit filed on behalf of the respondents.

Comment