Friend of the Accused

Those days I was posted in a Depot as a Sub Depot Commander. One day I got a call from the Commandant. I rushed to his office. Without wasting any time he told me, “Ramesh, you are appointed as the ‘Friend of the accused in a Court Martial case’ “Any problem?”
I couldn’t grasp everything clearly. So I asked ,” Sir, what’s friend of accused?”
“Damn it, do you want everything from me? Go and find out from O I/c Headquarters”. Commandant retorted. I saluted smartly and rushed out of his office.

Promptly I went to the office of. O i/c Headquarters (equivalent to Adjutant of a unit). He was OOC. Kamble. OOC is Ordnance Officer Civilian, a departmental promotee from Store Keeper or Clerk. He handed over the envelope containing the detailment to me. I felt it below my dignity to ask an OOC about Friend of the accused. After all I had passed the Law Papers of my Part D exam and promoted as Substantive Major. That may be the reason why , Commandant didn’t take away my rank on my ignorance about friend of the accused.

I went to my office, took out the Military Law Manuels including Regulations for the Army and did a thorough study on the subject. Probably Commandant realised that he was a bit harsh to me and called me to say. “Ramesh, don’t worry. You just go and attend. We are here to support you. But don’t be absent or late”.

The GCM (General Court Martial) was regarding corruption charges against a young Captain who was member of the evaluation board of written papers for the Recruitment of Sepoys. (I am not going in to the details of the case). Suffice to say that the amount involved was Rs.5000/-

A day before the GCM was to assemble, I went and met the Presiding Officer. He was a Colonel from Infantry. I told him I was the Friend of the Accused. He said Okay. I, then asked him what am I supposed to do. He looked at me and said , “Nothing, be there and don’t be late”.

Then I met the legal officer ( a young Captain from the JAG branch). I could make out how busy he was. Still I asked him about my role and contribution. He simply said “ Nothing. You sit near the accused and don’t be late”.

As per the custom, I went and met the accused Captain who was under ‘close arrest’ . I introduced myself as his ‘friend’ and assured him that he can ’confess’ anything to me. If he wants, I could even assist him in defending the case. After all I was also Military Law qualified. He looked at me curiously and said. “ Sir , I have already hired a lawyer. He will handle my case “ .Then I asked him what should I do? He said “ Nothing, Be there and don’t be late”.

I purposely avoided meeting the Procecutor.

On the first day of the hearing, I met the Advocate of the accused. He was a Retired Colonel from Artillery who was practicing Law especially in Military courts. He was specially flown in from Kolkata a day before. He was a stiff neck fellow .From his looks it appeared that he was continuously memorising all the law points he knew. I asked him about my supporting role being the friend of the accused. He took me by my elbow to the court room, pointed to a chair and said “ Be there, and don’t be late”.

I started wondering if my looks per se was revealing that I was a ‘ late lateef’

The proceedings of the Court commenced. The Court comprised of five members including the Presiding Officer. The defending lawyer basically argued that it was a mistake by an inexperienced Captain and the amount was a meagre Rs.5000/- He had already pleaded guilty and therefore he be let off with a warning or censure. The Prosecutor argued that be it Rs. Five or Five lakhs (nobody talked about Crores those days), the case is a clear case of moral turpitude and the severest punishment should be given to him.

Many witnesses were called to the court and examined. Also a large number of documents scruitinised.

The case went on for many days. Every day, at the appointed time I would enter the court, salute and sit on the chair marked ‘Friend of the accused’. There used to be only one break for tea. Since I was not opening my mouth during the proceedings, my throat used to go dry. I would often cough to the discomfort of the court. One day the Presiding Officer caught me sleeping in the court during the proceedings. He warned that if I repeated the offence I shall be tried for ‘dereliction of duty’ or may be a charge like ‘sleeping in the post on the face of the enemy’. I really had a tough time enduring the ordeal.

After a month or so the Court proceedings concluded. The GCM gave its verdict subject to approval by Higher Military Authorities. The Captain was found guilty of all charges pertaining to a ‘ Conduct Unbecoming of an Officer’. The Court recommended the Officer to be ‘Cashiered’ from service. He will be removed from service without any benefits.

That day as a ‘ Friend of the Accused’ , I realised the true value of Rs .Five thousand and the uncorrupted Military Justice system

Colonel Ramesh R
10 July 2019