Case of four army officers suspended for being members of 'Pakistani spy's WhatsApp group' in Indian Supreme Court
A case has come up in the Supreme Court of India of four military intelligence officers being linked to a WhatsApp group of an alleged 'Pakistani spy'.
When the army took action against them, the matter reached the Supreme Court, but the officers did not get relief from here either. Now his lawyers say that they will file a review appeal.
These four army officers had requested the Supreme Court to ensure the protection of their right to privacy, but the Supreme Court rejected their arguments.
These officers are alleged to have joined the WhatsApp group of an alleged Pakistani spy. Their phones and laptops were seized during the investigation.
During the investigation against him, the Indian Army found that he was allegedly involved in a WhatsApp group where several other unidentified foreign nationals are also present.
It is alleged that sexual immorality was being practiced in this WhatsApp group. Therefore, they has been suspended from the army.
The Supreme Court remarks
The petitioners claim that they did not know whether there were any Pakistani spies in the group.
On this, the Supreme Court wrote in its order that we do not accept the applications of suspended military officers. While the investigation was going on, it was important that they were given an opportunity to present their stand before being suspended.
It was not necessary to follow any such procedure under Regulation 349. Applicants may be suspended even before the investigation is completed. As told by Advocate General Tushar Mehta, a Court of Inquiry has been constituted and the investigation is on. According to this view, the petitioner is not entitled to any relief till then.
The court also said that the case of the petitioners is dismissed under the law and the procedure of the Army Act. The request is being rejected for now.
"If found guilty, they should be hanged."
Advocate Amit Kumar, the lawyer of the four soldiers, told the Supreme Court that the four officers were illegally suspended before the investigation started based on the evidence allegedly gathered by the officers' board.
He said that the army seized the mobile phones and data of the four officers in an arbitrary manner and used their private conversations to blackmail and damage their reputations even though they had served for more than two decades.
Despite this, Amit Kumar said, "If they are found guilty, they should be hanged."
Advocate General Tushar Mehta told the Supreme Court that the four officers have not been arrested but strict action will be taken against them as per army rules and other norms.
Amit Kumar pleaded with the Supreme Court that personal conversations and data on the phones and other electronic devices of these officers should not be made public.
The petition claims that the four officers have been illegally detained for 65 days, while the law requires a charge sheet to be produced within 48 hours of detention.
The petition also alleged that for the first time in the history of the Indian Army, the petitioners have been suspended without investigation in this manner, while no case was registered against them and no investigation was initiated against them.
Officers, colonel and lieutenant colonel included
A bench comprising Justice MR Shah and Justice BV Nagaratna of the Supreme Court heard the case. These four officers include three colonels and one lieutenant colonel of military intelligence.
Ex-Colonel Amit Kumar is a lawyer by profession and is representing the suspended soldiers in the case. He said in his petition in the Supreme Court that his clients objected to non-provision of right to privacy and non-compliance with procedures.
Advocate Colonel (retd) Amit Shah told the BBC: "I will very soon file a review appeal against the Supreme Court's July 14 order."
He says that this review appeal will be regarding the interpretation of Section 50 (B) of the Army Act. It will be based on natural justice. Extensive changes will be made and all records will be subpoenaed in this case.
The suspended officers, in their petition to the Supreme Court, had questioned whether they have the same fundamental rights as other citizens under the Constitution of India.
In the petition, he alleged that the right to privacy was violated in the army's investigation. The four officers were suspended from their posts pending the investigation.
The petition stated that there is no evidence that any of the four officers had any conversation with any Pakistani spy.