Malfeasance in the Military

The Tribune Wednesday, December 22, 2010, Chandigarh, India
Malfeasance in the military: It can be relied upon to apply the correctives
by Lt-Gen Harwant Singh (Retd)

For some time the military has been much in the news for almost all the wrong reasons. With the increasing number of scandals and scams being reported by the media, one cannot help but suffer the sinking feeling that the Indian military, too, along with almost every other constituent of the government is on the downward slide. Some may argue that the military can be no other than a mirror image of society from which it draws its manpower. Even so the ethos, the sense of honour and discipline in the military make it apart from society at large and as such can be relied upon to apply the correctives and stay on course.

It may be instructive to put in the right perspective some of the scams which have in the recent past drawn attention of the media and seem to tarnish the military’s fair image. Take the case of Sukna scandal. It relates to the issue of the No-Objection Certificate ( NOC ) to a private party for building a school on a piece of land outside the cantonment (not Army land). This NOC contravened a law that no civil construction can be allowed within 1000 yards of the cantonment boundary, but there has to be a notification to that end by the civil authority. In this case,there was no notification. Even so, the NOC issue was taken as an improper act and disciplinary action initiated against the officers concerned, including three general-rank officers.

In the Tehelka episode, one senior officer was put behind the bars and the career of another general came to an end for merely accepting dinner from a Tehelka team. Some others suffered various degrees of punishment. As against this, those from the Ministry of Defence and involved in the case are yet to be punished. The additional secretary who accepted a gold chain from the Tehelka team was soon promoted. One defence secretary charge-sheeted in the Bofors case, instead of facing proceedings against him, was given the assignment of a Lt-Governor, placing him outside the reach of the long arm of the law. Another defence secretary was indicted by the Delhi High Court for altering the annual confidential report (an official document) of an air force officer. He was merely shifted to another ministry. Then there was the case of a defence secretary who on his own went ahead and entered into a dubious deal for the purchase of one lakh rifles for the Army for which no ammunition was available in the world market. Nothing happened against him. It would be interesting to note that none of these cases were brought to light by any internal mechanism of the Ministry of Defence. This was done by outside agencies.

In the case of some other scandals and fake encounters by Army men, which have been in public domain, action was taken and those involved were arrested, including a few senior-level officers, while some others were given a range of punishments. A number of cases reported later have not seen timely disposal, as the officers concerned have been seeking relief from civil courts, resulting in delays. They may be able to buy time, but in no way will they escape the wrath of the military law.

In the high-voltage case relating to the Adarsh Housing Society flats in Mumbai, the malfeasance is far more serious than the Sukna scam. In this particular case, the land (named Khukhri Park) was given to the Army by the civil administration a few decades earlier in exchange for some land of the Army elsewhere, taken by the civil administration to make a bypass, etc. Since this land was given to the Army, in the first place it should have come on the land records of the Defence Estates Department (a department of the MoD). This was obviously not done and the land remained on the records of the civil administration, though ipso facto the land belonged to the military and was in its possession. There is no provision under which this piece of land could be given to anybody, even to Kargil widows/heroes, without sanction from the Union Cabinet in Delhi. Putting the label of “Kargil war widows/heroes” on the Adarsh Housing Society appears to have been a later-day innovation.

It was the implied ambiguity in the ownership of the land which was exploited by RC Thakur, a functionary in the Defence Estates Office ( DEO ) at Mumbai. Though the military was the de-facto and de-jure owner of this land, slip-up, intentional or otherwise by the Defence Estates office, in not taking it on its records was of little consequence. While the military land records are maintained by the Defence Estate Office, it is the Army Commander who is the custodian of all kinds of military land within his command.

The sub-area commander of the military station at Colaba (who later came back as area commander after an NDC course), the subsequent area commanders and some others most shamefully collaborated in this nefarious scheme. They also roped in some of their greedy seniors. Not to be left out, those in the politico-bureaucratic set-up who were to give various clearances for the project picked up slices of the cake for themselves, friends and relatives. Eventually they formed the majority. Some others who could and were equally desperate for that piece of cake too joined in. Since this building was originally meant to have only six floors, its foundation would have been laid to cater to that requirement. Therefore, how could the building with the same foundation be raised to 30/31 floors? The mischief runs deeper.

From the large number of cases that have been brought to light, the impression seems to prevail that the military, too, has gone under. With officer-strength of over 35,000, even dozens of cases should not cause any alarm. The environment in the country is conducive to corruption, and an increasing number of Army men are not able to resist the temptation. It would be interesting to note that only the military organisations that come in contact or deal with the civilian contractors and wheeler-dealers of civil organisations are affected by the corroding influence of corruption. All the others in the military abide by high standards of integrity and honesty.

Therefore, it would be seen that it is the military’s own internal mechanism which invariably brought these cases to light and then proceedings were launched against the suspects. One can be certain that in the Adarsh Housing Society case, too, those whose actions are still governed by the military law (military law continues to operate in the case of an individual up to two years after retirement ) will face the military’s music.

While the military can be relied upon to routinely deal with the rot that seems to be creeping into its system, more vigorous and determined efforts will have to be made by the top brass to dig out every suspected case of corruption and misconduct and promptly dealt with. The exaggerated notion of scale and scope of privileges which supposedly go with higher ranks needs to be curbed. The present Army Chief is known for high integrity, probity and moral values and will surely clean up the Augean stables.
The writer is a retired Deputy Chief of the Army Staff.
Malfeasance in the military