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This is an archive article published on March 20, 2008

HC stays Army from acting against JAG

In a major relief to Army’s Judge Advocate General, its top legal officer, the Allahabad High Court on Thursday ordered that no action...

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In a major relief to Army’s Judge Advocate General, its top legal officer, the Allahabad High Court on Thursday ordered that no action be taken against him on the basis of an ongoing Court of Inquiry.

The Lucknow Bench of the Allahabad High Court directed that the Court of Inquiry against Maj Gen

Nilendra Kumar may continue but no action could be taken against the officer until a final decision is taken on his writ petition.

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The top legal officer has earlier alleged bias and approached the court to quash an inquiry initiated against him. A Division Bench comprising Justice D P Singh and Justice U K Dhaon on Thursday also fixed April 8 as the next date of hearing.

Earlier, the court had suspended the CoI proceedings for two weeks after the officer said that he needed to proceed on leave to attend to his wife who is suffering from cancer. He has since moved to Lucknow with his wife after cancelling her chemotherapy session.

The JAG’s case is the latest in a series of ‘personnel’ problems that have rocked the top Army brass in the past six months.

Major General Kumar had also shot off a letter to the Army Chief saying that trivial issues have been raised against him in the Court of Inquiry due to the “bias” and “vindictive conduct” of a top army General.

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In his letter, the JAG has said that things like his membership of a Bar Council are being pursued in the CoI due to “ulterior designs” of some top officers.

It also said that at a time when the Army is investigating cases of financial impropriety, sexual misconduct and corruption against its top officers, the “urgency” with which his case is being pursued is without justification.

The Court of Inquiry is investigating charges including illegal membership of Bar Council of Delhi and the Supreme Court, permitting sale of books from his official residence, interacting directly with the Ambassador to Switzerland, copy right violations and booking a benami flat in an Army Welfare Housing Society.

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