Army Jawan Sentenced for Desertion and Forgery
In a significant military ruling, Lance Havildar Abhay Kumar Singh of the 9th Battalion, Bihar Regiment, has been dismissed from service and sentenced to nine months of rigorous imprisonment after a court martial found him guilty of desertion and using forged documents. The District Court Martial (DCM) in Ambala delivered its verdict on November 4, concluding a case that highlights the strict enforcement of military discipline.
Charges and Court Martial Proceedings
The soldier faced three distinct charges under the Army Act. The first charge, under Section 38(1), was for deserting service. Specifically, it was established that on July 9, 2019, Singh left without official leave from the Command Hospital in Lucknow. He remained absent until he reported to the Military Hospital in Namkum, Ranchi, on December 16, 2022—a period exceeding three years.
The second charge, under Section 69, pertained to the use of a forged document upon his reporting at the Namkum hospital on that same date. A third charge under Section 63, related to conduct prejudicial to military discipline, was also levelled but the court found him not guilty of this particular accusation.
The trial was presided over by Colonel Prakash Raj with five other officers as members of the court martial. The proceedings were initiated after Major General Bharat Mehtani, General Officer Commanding of the 9 Infantry Division, ordered the court martial in June of this year.
Context and Defence
Interestingly, Singh had officially retired from the Army in January 2024, while the disciplinary proceedings were still ongoing. Post-retirement, he was attached to an Army Unit under Section 123 of the Army Act to face the trial.
During the proceedings, prosecution witnesses testified that the accused's records showed him as being in a military hospital, but without specifying which one, until he eventually reported back to his unit. The case came to light partly due to complaint letters received by his battalion and the division headquarters in Meerut. These letters, which appeared to originate from his village in Bihar, alleged that he was residing there for a prolonged period while claiming to be serving in the Army.
Singh's defence counsel argued that he had a meritorious service record, including having suffered grenade injuries to his face during training. The counsel contended that the complaints were the result of village rivalries, a common occurrence, and maintained that Singh was accounted for during his treatment for cancer, for which he had been admitted to several military hospitals including the Army Hospital (R&R) in Delhi Cantonment.
Verdict and Implications
The DCM found Lance Havildar Abhay Kumar Singh guilty of the first two charges: desertion and using a forged document. The punishment of dismissal and imprisonment is subject to confirmation by higher military authorities. This case underscores the Indian Army's zero-tolerance policy towards breaches of discipline, even involving personnel with otherwise distinguished records.
