New Delhi : The Supreme Court on Thursday strongly reprimanded a senior army officer for deliberately not following the order of the lower court. The Supreme Court did not send the officer to jail, but gave a stern warning and said that if a complaint is received against him again in future, he will definitely have to go to jail. When the Additional Solicitor General tried to argue the defense of the army in the case, the court reprimanded and said that we are not children who will believe such arguments.
what is the matter
Actually, the matter is of a land dispute between the army and a civilian. The Telangana-Andhra Sub Area (TASA) in Secunderabad had demolished a boundary wall built on a civilian’s land. The disputed land is of 9 acres. In this case, the trial court of Secunderabad gave a verdict in favor of the civilian. The court ordered the army to hand over the land to civilians and rebuild the demolished boundary wall. The army challenged the trial court’s decision in the High Court but there too it suffered a setback. Now the Central Government and the Army challenged the High Court’s decision in the Supreme Court. Now the Supreme Court has also given a stern warning to the General Commanding Officer (GOC) of TASA, while stamping the decision of the trial court and the High Court, saying that if the complaint is received again, we will send it to jail.
The army’s claim on the land was rejected in every court, yet you (GOC) think that you can send army to evict civilians. Tell us the name of the officer, we will send him to jail.
Name the officer, we will send you to jail: Supreme Court
The Supreme Court slammed the GOC of TASA for deliberately violating the lower court’s order to hand over the land to civilians and demolishing the boundary wall on the ground using military force. Additional Solicitor General SV Raju was yet to open the case file when the bench of CJI NV Raman, Justice Krishna Murari and Justice Hima Kohli said, “Armed forces are for the defense of the country and not for the ego of a person who thinks.” That he has the strength of the armed forces.
The bench said, “In every court the army’s claim on the land has been rejected, yet you (GOC) think that you can send the army to evict the civilians.” Tell us the name of the officer, we will send him to jail.
‘What are we children who believe that a common man will mess with the army’
On this, Raju tried to defend the action of the army by saying that the civilian land was not demarcated, due to which the army felt that the civilian had encroached on the land of the Armed Forces. On this, the bench interrupted him and said, ‘Do you think that we are like children who will believe your such arguments? Can a common man challenge the might of the army?’ Simultaneously, the bench dismissed the appeal of the Center against the order of the Telangana High Court.
Land has an old relationship with disputes
There is a long history of disputes related to the land being talked about. The land on which the current headquarters of TASA is located was acquired by the Nizam of Hyderabad for military purposes more than 100 years ago. In 1971, the army had filed a civil suit claiming encroachment of civilians on 9 acres of land.
In defense, the civilians claimed that they had occupied the land for more than 160 years. The Secunderabad trial court dismissed the army’s civil suit on 11 December 2017. The Telangana High Court also upheld the trial court’s decision.
Trial court sentenced GOC to 2 months jail
When the army did not hand over the land despite the trial court’s decision, the civilians again moved the trial court for the execution of the order. The trial court on 27 January 2021 sentenced the General Officer Commanding (GOC) and the Defense Estate Officer to two months in jail for willful non-compliance of the verdict. Not only this, the court ordered the army to repair the boundary wall which it had damaged.
Officers who finally escaped jail
Now the Supreme Court has also strongly reprimanded the GOC. However, the apex court quashed the decision to send the army officers to jail. The court ordered that the Major General would not be sent to jail but also gave a stern warning. “If we find any such complaint against him in future, he will have to go to jail,” the bench said.