Shillong: Facing charges in Sukna land
scam, Lt Gen PK Rath on Monday challenged revision of findings of
general court martial, alleging the authorities were forcing
the court to take a decision in the manner they like.
Rath’s counsel Major SS Pandey told GCM which reassembled
here to review the charges against Rath, said, "The tone,
tenor and manner of the revision order suggests it has not
only asked for re-appreciation of the evidence which the court
has already appreciated and come to a conclusion, but also
that it has been forced to take a decision in the manner as
suggested by the authority."
"It is an attempt to divest the court of its discretion
and a clear case of command influence," he stated.
Challenging the revision order, counsel for Rath asserted
that the appreciation of evidence is the sole discretion of
the court as the "revision order itself says".
Alleging the revision order was based on "surmises
and conjectures and not legally tenable", the advocate said,
"Just because you have the power of revision, that does not
mean you will exercise it even when no justified reason is
Pandey claimed he would bring out the "infirmity" in the
revision order in a written address before the GCM tomorrow.
In his response, prosecution counsel Raghavendra Jha
justified the revision order, saying it was based on evidence
on record and the detailed observation made by the confirming
Pointing out that the revision order cannot be said to be
a fetter on the exercise of power of the court, Jha said the
order was just an application for review issued under the
provisions of the Army Act.