The AFT observation comes as a morale booster to Purohit, a serving Army officer, who was suspected to have a key role in terror plots involving Hindu right-wing organisations.
While the AFT has not delivered the judgment, Justice S S Kulshreshtha of Court No 2 in the Principal Bench located here observed that certain witnesses were examined by the Army in the absence of Purohit who had “no opportunity to cross examine them”, which violated the Army Rule 180.
“The CoI from the vice of irregularity. It would be just and proper to direct the Army to further convene the CoI from the state when the statements of the witnesses were recorded on September 1, 2010 in absence of Purohit,” the AFT said.
According to the Army Rule 180, officers whose military reputation is being questioned in a CoI should have mandatory present at the court of inquiry and are allowed to cross examine the witnesses. The inquiry commenced on April 7, 2009 and concluded on September 1, 2010 after recording the statements of all the witnesses and reportedly recommended his dismissal from service.
“From the perusal of the entire material on record, it appears that certain witnesses were examined on September 1, 2010, wherein Purohit had no opportunity to cross examine them,” the Bench observed.