Collaboration/conspiracy
ashminder singh bahal
(Querist) 14 October 2010
This query is : Resolved
is collaborating in a court of inquiry by a member of the court with other witnesses to falsely lay the blame on me for a particular charge a criminal offence
pawan sharma
(Expert) 14 October 2010
yes, it is a offence of Conspiracy.
Advocate. Arunagiri
(Expert) 15 October 2010
Your query is not clear. What is your locus standi in this case? Who is the member of the court? What is the Charge? If you can give these details we can answer.
Sri Vijayan.A
(Expert) 16 October 2010
Pl ask elaborately.
One can't answer for a unclear and partial questions
ashminder singh bahal
(Querist) 20 October 2010
I, Air Commodore Ashminder Singh Bahal, have had a brilliant career in the IAF. I have held very prestigious instructional and command appointments during my career including diplomatic appointment at Bangladesh and have been awarded Vayu Sena Medal (Gallantry) as well as Chief of Air Staff and Air Officer Commanding in Chief’s commendations. My educational qualifications include BSc, MSc (first in course), MPhil (first in university), MDBA (Personnel and International Marketing Management) and am currently pursuing Ph.D from Osmania University.
In Jul 2009, I was co-pilot in a transport aircraft (Avro). The captain had the controls and we were coming back for landing at Vadodara airfield. On landing, there was a tyre burst of all the tyres (four). A court of inquiry was held for the same. The court comprised of a Presiding Officer, Flying member and an Engineering member. I was held responsible in the inquiry for having caused the tyre burst by applying brakes inadvertently when captain was landing the aircraft. I had been detailed for National Defence College course during the inquiry itself. It is a prestigious course. The course was cancelled even before the inquiry was finalized at Air HQ and I was posted to NCC, an insignificant appointment. After that I was awarded Censure too. This has resulted in my promotions getting affected. The inquiry blamed me as having interfered with the controls and having caused the tyre burst. Scientifically, this is not possible because if I had interfered with the controls by applying continuous brakes till all the tyres bursted, then the captain could not have moved his rudder pedals since the brakes are located on the rudder pedals. This is also the view of the ex-Indian Air Lines Flight Safety Director whom I consulted after the inquiry was over and who has over 11,000 hours on the same aircraft.
The flying member of the court who is supposed to be an expert on the aircraft as pilot from the initial stages of the inquiry was talking on mobile phone with the captain and few other witnesses who had given evidence against me during early morning and late night hours on continual basis during the entire course of the inquiry. I had obtained the mobile records from the Police Commissioner giving the timings of each such call on daily basis during the inquiry period. However, the talk has not been recorded. The call records clearly indicate a nexus between the flying member and some of the witnesses who gave evidence against me to lay the blame on me when scientifically I couldn’t have caused the incident.
Is the collaboration of the Flying member of the court a criminal offence, is the court’s judgment of holding me responsible for the tyre burst valid thereafter when there is a nexus between the member of the court with some of the witnesses. Though the inquiry proceedings had not yet been finalized at Air HQ and The Final Chief of Air Staff’s remarks had not been given, my prestigious course was cancelled in Nov 2009 and I was posted to an insignificant appointment in 03 Dec 2009. Subsequently, after the inquiry was finalized in Feb/Mar 2010, I was also awarded Censure. Is this double jeopardy?
Please help me and give me advice as my brilliant career is being written off and I am being made into a scape goat.
