Retired Army Subedar Acquitted in Sensitive Information Case

Defense News ,India :-  An Army General Court Martial (GCM) has recommended the acquittal of a retired Subedar who was facing trial over allegations of mishandling sensitive information during his tenure as a Junior Commissioned Officer (JCO).

The case dates back to the years 2020-21 when the Subedar, serving as the Head Clerk, was accused of failing to safeguard documents containing sensitive information. Allegations were made under the provisions of the Official Secrets Act, asserting that the Subedar had not exercised due diligence in protecting these documents.

It was claimed that the leakage of information occurred within an Army formation allegedly due to the negligence of soldiers under the Subedar's supervision. Consequently, he was also charged under Section 63 of the Army Act for purportedly failing to adequately supervise the handling of sensitive information, which led to its unauthorized disclosure.

Although the Subedar had retired from the Army in October 2021, disciplinary action against him continued as per the provisions of Section 123 of the Army Act.

The GCM convened on January 4, 2024, and after examining eight prosecution witnesses, it was concluded that there was insufficient evidence to substantiate the charges against the Subedar. His legal counsel, Advocate Akshit Anand, emphasized that there was no proof indicating the Subedar's direct involvement or negligence in the matter. Anand highlighted that the court did not find any evidence suggesting that the Subedar had failed to supervise the handling of the documents in question.

"This case exemplifies a situation where a retired JCO was unjustly charged under the Official Secrets Act and Army Act Section 63 without substantial evidence. The GCM's decision to acquit the Subedar rightly upholds the principles of justice," remarked Advocate Anand.

Following this decision, it is anticipated that further trials may be conducted in related matters. However, the recommendation of the GCM, led by a Colonel, is subject to confirmation by higher authorities within the military.

The acquittal of the retired Subedar underscores the importance of thorough examination of evidence in legal proceedings, ensuring that justice prevails.