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| Court martial | | |
by Brig Harwant Singh (retd)
I WAS posted as Brigade Major (BM), of an artillery brigade at Kaluchak near Jammu in 1974 and was to be “Officer Commanding” of all Other Ranks of the Brigade Headquarters.
On taking over, my Brigade Commander desired of me to improve the discipline of the “Camp” (Brigade Headquarters) and that I should stick to the saying: “New brooms clean better”.
During the briefing it emerged that there was a “gunner” who, whenever he went on leave always overstayed the leave (OSL) and that he was punished a number of times. In nutshell, it was conveyed to me that he was a “bad hat” and should be dismissed from service after making one more mandatory “Red Ink Entry”.
After many days, he rejoined from leave and was remanded to me on an “Offence Report” for having OSL. I have forgotten his name and let’s call him Potha Raju. He was from near Hyderabad, Andhra Pradesh, was tall, well built though weak looking.
On being customarily asked, “What you have to say in your defence?” he promptly pleaded guilty fully knowing that he could be dismissed from service as he was only one “Red Ink Entry” short to qualify for the same.
For those jawans who are from well-off homes the “Five Red Ink Entries” is ruse to get rid of the Army Potha Raju did not look that “type”. So I asked him: Do you want to serve, or should I dismiss you after punishment?” He pleaded that he was very poor and wanted to serve but had land-related problems which necessitated him often “Over Staying Leave”. Accordingly, he always went on leave during harvesting season, which his wife could not manage as she was no more part of the joint family and his neighbours and others created problems. His presence was needed for harvesting and marketing of the produce.
His entire record was in front of me and it revealed that he always went on annual leave in a particular month and overstayed his leave for the last four times. I deduced that he was not a “Bad Hat” but victim of circumstances. There was sincerity in his eyes and demeanor and I decided not to choose the easier route of dismissing him but making a good soldier out of him.
Since he was a perpetual offender, I could not leave him with a minor punishment but an example had to be made out of him, for improving others’ discipline. So I remanded him to Summary Court Martial (SCM) of which I was the sole judge. I, as a Major, could award three months Rigorous Imprisonment (Lt Col could sentence a concerned offender to one year’s RI).
If an offender was dismissed from service he was sent to a Civil Jail and if he was to be retained he could be sent to Military Prison at Trimullgherry near Secunderabad (AP). Accordingly Potha Raju was “Court Martialed” and sent to Military Prison at Trimullgherry for three months RI.
After he served his sentence he was interviewed by me as it is customary for an OC to interview persons after their long stay outside the unit. Potha Raju was very grateful for being retained in the Army and was not bitter at all. In fact he was happy as his wife and children could visit him in the Military Prison which was near his village.
His wife made it known that he had come on “duty” to Secunderabad which had a salutary effect on her tormentors. I appointed Potha Raju as my Batman (an OC’s Batman is privileged person), against everyone’s advice. I was told that since he carried the stigma of having been “Court Martialed” (by me) he might harm my son who was less than three or misbehave with my wife. Potha Raju did nothing of the sort and took extra care of my household. He conducted himself most honourably.
We developed deep “mutual respect” which is the foundation of all military relationships. A number of letters to the Collector of Hyderabad to resolve Potha Raju’s problems were written by my predecessors and me but to no avail.
Had the civil administration been a bit caring. Potha Raju would have escaped all the punishments for an offence which was beyond his control. If any “civil administrator” happens to read this piece he/she must take a vow to resolve the problems of the families of the soldiers so that no more Potha Rajus are subjected to an avoidable court martial.
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