Delhi HC stays arrest warrant against colonel in Chandigarh

Colonel Sanjeev Thakur (retd) had filed a case in the Armed Forces Tribunal (AFT) challenging the inquiry and several other actions against him including the termination of his re-employment service in the Army in July 2022. The Delhi High Court has stayed an arrest warrant issued against a colonel who failed to appear before a Court of Inquiry (CoI) in Chandigarh as a witness despite two summonses issued to him. A division bench of the high court has stopped the execution of the arrest warrant issued against Colonel Sanjeev Thakur (retd) for not appearing before the CoI held at the ‘N’ Area on Old Airport Road in Chandigarh. The warrant was stayed after the officer promised to appear before the CoI on October 30. The inquiry pertains to an investigation dating back to February 2020 when a jawan belonging to the Animal Transport Unit, which the colonel was commanding in Ladakh, was nabbed at the Leh airport by Military Intelligence personnel for having Rs 2.30 lakh on his person. The colonel had filed a case in the Armed Forces Tribunal (AFT) challenging the inquiry and several other actions against him including the termination of his re-employment service in the Army in July 2022. This petition was dismissed by the AFT in July 2023 saying that the inquiry was a fact-finding body and no action was being contemplated against him at this stage. The counsel for the colonel informed the high court that the officer has never refused to join any proceedings and is willing to join the trial subject to his right to take an appropriate defence with regard to procedural or other lapses on part of the respondents in conduct of the CoI or further proceedings emanating therefrom The counsel for the Army, however, maintained that the arrest warrant against the colonel was issued as he had failed to respond to two summonses served on him that required him to join further proceedings. He added that the CoI had already concluded and the colonel had participated in the said proceedings, but further proceedings have to be commenced thereafter. After hearing the arguments, the high court on October 20 directed the petitioner (colonel) to report to the CoI at the ‘N’ Area, Chandigarh, on October 30 at 11 am to participate in further proceedings being conducted by the respondents. “It is directed that respondents shall hold further proceedings strictly in accordance with the Army Act, Army Rules and Regulations framed thereunder. It would be open to the petitioner to take such defences and objections as may be available in law. Further, respondents are directed to intimate the Commissioner of Police and District Magistrate to defer the arrest of petitioner till October 30, 11 am,” the high court order stated.

Copyright © 2022 Apex Decisions Software, All rights Reserved. Designed By Techdost