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ashminder singh bahal (air commodore)     20 October 2010

Conspiracy/Collaboration

 

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. He was moving teh rudders to control the aircraft. 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 and who is expected to show no bias, 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 timing 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 on 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.



Learning

 4 Replies

Vishwa (translator)     20 October 2010

Dear Air Commodore,
While I am sorry for your predicament, I cannot honestly say I have great regard for our armed forces in general. These people are living privileged lives while the rest of the nation is alternately sweltering in power cuts or drowning in floods. They are cornering scarce resources while depriving the rest of the popoulation from education, medical care and other necessities. Their performance in defending our national interests is not brilliant either, coming a poor third after china and pakistan. These matters cannot be resolved by poor civilians out here. Try to contact some lawyer specialising in court martials and such like.
 
Best of luck
Vishwa

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     20 October 2010

Dear Querist,

 

Facts stated appears to suggest a flounting the procedures involving in such CoI (court of Inquiry) and is vitiated due to bias and pre-judicial. Malafide approach by the Deptt. looms large while conducting CoI. Constitution of CoI members & their interaction may also be questioned. For commenting on whether or not you have been subjected to double jeopardy needs more facts

A one-liner is that you have very good prima facie case to challenge the departmental action which has apparently been vitiated due to not one but many reasons.

 

For further query, you may contact us with details. We have in our team: Maj. A. Bakshi (Retd) who is a specialist in service matter and rich practice experiences at Hon'ble Supreme Court, High Court and AFAT, New Delhi. And, on my part, I am also regular contributory to this forum and some good experiences in armed forces laws and procedures.

 

Feel free to contact should you think its necessary.

 

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For Nu.Delhi.Law.Fora.
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001
Also at:
53, Bengali Lane (Near Post Office)

Bengali Market

New Delhi -  110001


(Guest)

Dear Commodore,

This is an open and shut case. Move the High Court. If you don't get relief there, then file Special Leave Petition in the Supreme Court where you are bound to get justice.

 

My regards.


(Guest)

Double jeopardy would exist in the Army[Rules are different for civilans] when there are two inquiries for one and the same cause of action. If there was only censure then they cannot cancel your course which by itself proves beyond reasonable doubt, that they don't want to get more knowledge.


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