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STATEMENT OF IC-57196X LIEUTENANT COLONEL DHARAMVIR SINGH AT THE SUMMARY

OF EVIDENCE IN TERMS OF ARMY RULE 23(3).

1. I was posted by MS Branch, IHQ MoD (Army) as OC Z Section, HQ 3 CISU at Dimapur

and on 30 Jun 2016 I reported to HQ 3 CISU. However, after more than two and half months
suddenly Col Rajesh Singh, CO 3 CISU unexpectedly on 21 Sept 2016 directed me to report
to No 2 FID (M Sector Imphal) due to a happening, which is mentioned and highlighted in
para 14 of my statement at a later stage.

2. The said Lt Col RP Nanda had taken the charge of OC 2 Field Intelligence Detachment
(for short ‘2 FID’) from me on 30 June 2018. The 2 FID is located at ‘M’ Sector, Imphal and is
the Sub Unit of 3 Corps Intelligence and Surveillance Unit (for short 3 CISU), located at
Dimapur and is under direct command and control of CO 3 CISU. HQ 3 Corps is the next
superior formation in the chain of command and control vis-à-vis 2 FID.

3. Under the criminal Jurisprudence, the accused is apprised and provided with all the
material and investigation report leading to the case against him. In this case, the
disciplinary case has originated as a result of a written complaint dated 02 July 2018 by Lt Col
RP Nanda against me as he has stated at the Summary of Evidence that no investigation had
been done on his complaint. Even otherwise also no other material leading to the framing of
charges on 28 Feb 2018 has been intimated or provided to me as accused. Therefore, the
genesis and starting point of this disciplinary case against me is the sole written complaint
dated 02 July 2018 by Lt Col RP Nanda against me.

4. This complaint dated 02 July 2018 by him was addressed to my Commanding Officer
i.e. CO 3 CISU with copy to HQ 3 Corps (‘A’ and ‘Int’ Branches). The said complaint had also
reached to the Commanding Officer, 3 CISU and HQ 3 Corps (‘A’ and ‘Int’ Branches) on 02July
2018 as same was sent through AWAN and I was still present in the unit (3 CISU). In the
Army, it is an established norm and practice that when any complaint is received against any
officer, he is furnished with the copy of the said complaint to offer his comments in the first
instance even before any inquiry is ordered on such complaint. In this case, I was present in
the unit till 10 Jul 2018, but I was not provided with this complaint nor my comments were
sought. Not only this, Col Ranjan Singh, the CO 3 CISU has confirmed that he did not send
any report to the higher HQ nor investigated the allegations made by Lt Col RP Nanda. He
merely forwarded his comments on said report much later on 19 Sep 18, when he was asked
from Int Branch, HQ 3 Corps. Thus, even the instruction contained in Special Army Order
(SAO)6/S/200 pertaining to ‘Procedure for submission of report regarding incident and
offences involving Army personnel and for their investigation’ were violated. On the
contrary, I was allowed to proceed on posting after few days. Now I have been re-called,
attached and put on trial on the mere complaint dated 02 July 2018 by Lt Col RP Nanda.

5. In his complaint dated 02 July 2018, Lt Col RP Nanda besides making allegations
against me, vide para 14(d) had also opined that I (Lt Col Dharamvir Singh) be punished
forthwith for moral turpitude, if proved guilty. Thus, he had also become Judge in his own
allegations against me to dictate that I be punished forthwith. This is because he had made
the said complaint after speaking directly and taking instructions from his superior formation
in HQ 3 Corps (Brigadier Administration (In short Brig A) and Brigadier General Staff Int (In
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short BGS Int). This fact has now been disclosed by him in the summary of evidence and he
claims that he had made the said complaint on being asked by said superior authorities.
That is why he was confident that his complaint was going to be accepted on the face value
and I was going to be punished without any investigation. From the facts and circumstances
attendant upon the initiation of this complaint, wherein no comments were asked from me
on this complaint as already brought out and instead I was made to proceed on posting, it is
apparent that my attachment has now been made in a premeditated and predetermined
manner for disciplinary action against the all principles of natural justice.

6. Another fact that has also now emerged in the summary of evidence that Lt Col RP
Nanda has evidently exploited the blessings enjoyed by him from his next superior
authorities i.e. Brig A & BGS Int in HQ 3 Corps in the matter of his complaint and has thus
misled them against me in the matter of unaccounted Arms and Ammunition. This is
because he has not stated the truth in this complaint and suppressed his own criminal
activities of fabricating and destroying the records of existing handing/taking over
certificates of such unaccounted Arms and Ammunition since 2015 with an intent to screen
and conceal the involvement of Major BS Rathore and Col Rajesh Singh the then CO 3 CISU
and to implicate me falsely and make me scape goat for very serious charges under the
Arms Act 1959. This crime of destroying the material documentary evidence has now been
confessed by him in the summary of evidence during his cross-examination. In reply, he has
stated that all the handing/taking over certificates of unaccounted Arms and Ammunition
were destroyed on the night of 01 July 2018 and 02 July 2018, when he made the complaint
but he states that same were destroyed by Major BS Rathore (Prosecution Witness-13 at the
Summary of Evidence). In this connection, his relevant answer during cross-examination in
the summary of evidence on 04 Mar 2019 is reproduced below: -

‘Question No 15 to Lt Col RP Nanda (Prosecution Witness-1).

(a) On 02 Mar 19, you produced the Photostat copy of counter

signatures by Maj Rathore on 10 Oct 16 on the Handing/Taking over list of
unaccounted Arms and Amn recovered on 01 Jul 18 from the JCOs living
barrack Det location of 2 FID Imphal. I suggest you to bring on record the
ink signed copy of unaccounted Arms and Amn list counter signed by Maj
Rathore and also the ink signed copy of the list with signatures of Charge
holders.

Reply NO 15.

(b) The original ink singed copies of unaccounted Arms and Amn
between charge holders as filed in official files were torn and destroyed by
Maj BS Rathore on 02 Jul 18 at approx. 0100h as told by Hav Clk Vinod
Kumar, who was in charge of Office files. Therefore, I cannot produce ink
signed copies as asked by you’.
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7. As per the statements of Maj BS Rathore and charge holders, the Unaccounted Arms
and Ammunition were present in the Det premises since 2015 and records were also existing
till the night of 01/02 July 2018. If that was the fact (though not conceded because there is
possibility that those were present much prior to 2015) that all the relevant handing/taking
certificates were torn and destroyed by Major BS Rathore on same night, when Lt Col RP
Nanda drafted and sent the complaint, it stands to no reason, why he did not include and
report such serious fact/matter in the same complaint dated 02 July 2018 written on the
same night or any time thereafter. Non-reporting/ supressing such fact by Lt Col RP Nanda
about the destruction of handing/taking over certificates pertaining to unaccounted Arms
and Ammunition since 2015, clearly proves his involvement in the conspiracy with Major BS
Rathore (Prosecution Witness-13) to frame me falsely and conceal and screen the real
offenders since 2015 including Major Rathore.

8. Not only the above, on 02 July 2018, in the morning Lt Col RP Nanda (Prosecution
Witness-1) when confronted by Hav Clerk Vinod Kumar (Prosecution Witness-12) that all the
handing/taking over certificates pertaining to unaccounted arms and ammunition were not
available, he told Prosecution Witness-12 to keep quiet about it and not to tell anyone. Such
testimony of Prosecution Witness-12 clinches the issue of involvement of Lt Col RP Nanda in
the destruction of handing/taking over certificates pertaining to unaccounted Arms and
Ammunition since 2015 to frame me falsely and conceal and screen the real offenders since
to 2015 including Major Rathore.

9. To say the least, above conduct on the part of the complainant, Lt Col RP Nanda in
indulging in the destruction of documentary evidence in connivance with Major BS Rathore
with an intent to implicate me falsely and screen the real offenders since to 2015 including
Major BS Rathore in this manner constitutes serious offences under Indian Penal Code.

10. The aspect of his making falsehood to implicate me for unaccounted Arms and Amns
case and conceal his above criminal acts in the complaint dated 02 July 2018 by him as
emerged in the Summary of Evidence, are further elaborated and discussed below.

(a) Major BS Rathore (Prosecution Witness -13) clearly brought out that on 29
Aug 2016 he took over the charge of OC, 2 FID (M Sector, Imphal) from Capt
Parthsarthi Sharma, who informed him that few captured Arms and Ammunitions are
kept in the Sub Unit since the time of Ex OC, 2FID, Major (Now Lt Col) Abhik
Mukherjee and then Maj BS Rathore spoke to Col Rajesh Singh, CO 3 CISU and sought
his directions. As per Major BS Rathore, said Col Rajesh Singh, CO 3 CISU told him to
maintain the status quo and focus on operational issues. Lt Col RP Nanda, in his
complaint supressed this fact to implicate me.

(b) In his ibid complaint, he (Lt Col RP Nanda) had not also disclosed to his
superior officers to whom he had spoken nor mentioned in his complaint, that he
had connived with Major BS Rathore (Prosecution Witness-13 at the Summary of
Evidence) to save him and implicate me in this case of unaccounted Arms/Amns. As a
result of such conspiracy between them, they both destroyed all the vital original
handing/taking over certificates on the night of 1st and 2nd July 2018, which were
revealing/establishing the presence of such alleged unaccounted Arms and
Ammunition since 2015 and involvement of Major BS Rathore and Col Rajesh Singh
then the CO 3 CISU. This was why while he had attached some other evidences in
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his complaint dated 02 July 2018 as Exhibits but did not attach available original
documentary evidence in regard to unaccounted Arms and Ammunition nor
mentioned that documentary evidence was available for existence of unaccounted
Arms and Ammunition in the Det prior to my tenure but he had destroyed the said
evidence in connivance with Major BS Rathore to implicate me .

(c) The evidence in the Summary of Evidence further reveals that after I had left
HQ 2 FID(M Sector Imphal) in the morning of 01 July 2018, Lt Col RP Nanda in
connivance with Major BS Rathore indulged in fabrication and destruction of
handing/taking over certificates for such Unaccounted Arms and Ammunition since
2015 in such manner to implicate me falsely in this case. Evidence for such
destruction of documentary evidence between him and Major BS Rathore on the
same night when Lt Col RP Nanda spoke to superior authorities of HQ 3 Corps and
drafted the complaint dated 02 July 2018, has also clearly emerged in the testimony
of various prosecution witnesses.

(d) Above apart, Lt Col RP Nanda has also confessed in the summary of evidence
during cross-examination for destruction of such vital documentary evidence on the
night of 1st & 2nd July 2018 but for this he blames Major BS Rathore, evidently as an
afterthought to save himself from his criminal acts of commission and omission. He is
thus liable for his criminal act under law of the land including Army Act.

(e) In his complaint, he has also falsely mentioned that on 01 July 2018 he was
reported about the existence of unaccounted Arms and Ammunition inside the
barrack of 2 FID by Nb Sub Sanjeev Kumar Rathore after I had left the unit. But the
truth of the matter as emerged in the summary of evidence, is that he had come to
know about the existence of unaccounted Arms and Ammunition in the Det premises
since 2015 much early after he joined the unit on 26 June 2018 and later on 29 June
2018 he himself enquired from Major BS Rathore (Prosecution Witness-13 at the
Summary of Evidence) in the morning who confirmed to him that such unaccounted
Arms and Ammunition were lying in the Det since 2015. However, Lt Col RP Nanda
despite having come to know, he never brought to my knowledge or discussed with
me about the existence of such unaccounted Arms and Ammunition in 2 FID when till
01 Jul 18 I was present in the Det and thereafter from 01 Jul 18 till 10 Jul 18, I was
present in Unit HQ. This is because his intention was malafide and he had planned to
implicate me in connivance with Major BS Rathore at my back.

(f) The prosecution evidence in the Summary of Evidence through various charge
holders of such unaccounted Arms and Ammunition also reveals that after I had
taken over the charge as Officiating OC, 2 FID on 01 Oct 2016, the existence of such
unaccounted Arms and Ammunition was not brought to my notice on the
instructions of Major BS Rathore from whom I had taken the charge on 01 Oct 2016.

(g) There is also evidence in the testimony of the charge holders that under the
instructions of Lt Col RP Nanda, on 29 /30 June 2018, the almirah of alleged
unaccounted Arms and Ammunition was opened in their absence and then these
Unaccounted Arms & Amn were shifted to different almirah where the authorised
accounted Arms & Amn of the Det was kept. Such activities on his part smell od foul
play in terms of Arms Act 1959.
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11. With such criminality on the part of Lt Col RP Nanda, it is evident that he had built up
the entire case falsely against me with premeditated and predetermined manner for
disciplinary action against me. Therefore, his entire complaint dated 02 July 2018 stands
cooked up and trumped up against me and lacks legal credibility to merit any acceptance of
his other frivolous allegations against me in the eyes of law.

12. Be that as it may, the following are the main allegations made by Lt Col RP Nanda
vide his complaint dated 02 July 2018 and for which one sided cognisance has been taken to
put me on trial without hearing me in the first opportunity by violating the principles of
natural justice and framing ten charges on 27 Feb 2019 against me for recording the
Summary of Evidence:-

(a) Lt Col RP Nanda has alleged that on the afternoon of 01 July 2018, at about
1700 hrs, the recovery of unaccounted arms and ammunition from the barrack of 2
FID was reported to him by Nb Sub Sanjeev Kumar Rathore and he then summoned
and saw the said Arms and Ammunition at late night in his office. For these
allegations three tentative charges (1st, 3rd and 4th) under Arms Act, 1959 and Army
Act Section 69 & 63 have been framed against me.

(b) He has also alleged that despite written instruction from Colonel Ranjan
Singh, Commanding Officer, 3 CISU vide letter No. 3015/CISU/A(I) dated 29 June 2018
and Movement Order dated 30 June 2018 to reach Dimapur on 30 June 2018 by 1600
hrs, I did not proceed as ordered. For this allegation, 2nd tentative charge has been
framed against me under Army Act section 41(1).

(c) He alleged that on 29 Jun 2018 during discussion on OP conduct part with
Major BS Rathore, he learnt that following civilians were leaving inside the premises
of 2 FID (M Sector Imphal) and for which two charges (5th & 6th) under Army Act
section 63 have been framed against me:-

(i) SS Wareppam Chandarkumar alias ‘Japan’ a Cadre of United

Liberation Front (UNLF) a proscribed militant organisation was kept with men
in the barrack between 21 Sep 2016 and 30 Jun 2018 and his disposal is not
yet confirmed.

(ii) A civilian boy named Laisharam Samananda alias ‘Naoba’ as personal

caretaker of Lt Col Dharamvir Singh kept at 2 FID (M Sector Imphal) barracks.

(d) Lt Col RP Nanda has brought out that on 01 July 2018, Lt Col Dharamvir Singh
having left the Unit alone for Dimapur with Escort of QRT, halted at Phaidinga
Junction (Tri junction road head of Imphal leimakong, Dimapur), called him and
apprised him that he had forgotten the movement order with his wife. On this Lt Col
RP Nanda along with Major BS Rathore reached Phaidinga junction and handed over
the movement order to Lt Col Dharamvir Singh. Lt Col RP Nanda has alleged that at
this time, Lt Col Dharamvir Singh execrably shouted on the civil road and said, ‘Saalon
tum logon ko nahin chodunga, public me wo hall aur tamasha karunga jo zindagi
bhar yaad karoge’ and ‘tumhari Sarkar nahin bachegi’. For this allegation of Lt Col RP
Nanda, 7th tentative charge has been framed against me under Army Act Section 63.
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(e) Lt Col RP Nanda has alleged that on 29 June 2018, in presence of Major BS
Rathore, Lt Col Dharamvir Singh stated that “he will be forced to put the aforesaid
officers in ugly soup for which he will not be responsible and that he doesn’t care
about silly letters, stupid orders of the Commanding Officer as the Commanding
Officer is very junior who does not know command and control. He reiterates that you
will know the laxity and lazy character of the Commanding Officer within three
months”. Accordingly, for his such allegations, 8th charge has been framed under
Army Act Section 63.

(f) Lt Col RP Nanda has also alleged that Lt Col Dharamvir Singh did not hand
over the charge and for this 9th tentative charge had been framed against me under
Army Act Section 63.

(g) He had also alleged that on 30 June 2018, the family of Lt Col Dharamvir Singh
arrived at the detachment at about 1500 hrs. Accordingly, for this allegation and as
per his allegation 10th tentative charge has been framed against me under Army Act
Section 63.

13. Now for such charges, the Summary of Evidence has been recorded and I have been
afforded an opportunity for my statement in terms of Army Rule 23(3). At the very outset, I
deny and contest all the ten tentative charges framed on the basis of complaint dated 02 July
2018 by Lt Col RP Nanda.

14. All the allegations for which ten charges have been framed under the above facts and
circumstances as brought out, I strongly feel that all the allegations are motivated, malicious
and evidently had been advanced (particularly pertaining to Unaccounted Arms and
Ammunition) at the behest of some higher authorities to implicate me in serious charges
under Arms Act 1959 to teach me lesson and ruin my life and career for ever. This is also
because on 09 Sep 2016, I wrote a complaint against a senior officer which I was compelled to
withdraw. (Copy of complaint attached with my statement as Exhibit-I). Secondly, in March
2018 I had taken legal recourse by filing a writ petition in High Court of Manipur, Imphal with
regard to my last leg posting, when MS Branch, Army HQ had posted me to Belgaum instead
of my choice posting to Mumbai. Then later as per the Hon’ble High Court Orders, I was re-
posted to 52 Maharashtra NCC Battalion, Nanded (Maharashtra). (Copy Attached with my
statement as Exhibit II). It is unfortunate that legal right available to me under the
Constitution of India through fundamental rights to approach the Hon’ble High Court of
Manipur seems to have been misunderstood and the then higher authorities in 3 Corps and
Eastern Command got irked against me on these aspects. In addition, on 01 July 2018, my
wife filed a FIR under the compelling circumstances against Lt Col RP Nanda and Major BS
Rathore. The copy of FIR is also attached and which is self-explanatory (Copy of FIR Attached
with my statement as Exhibit III). That is why, when Lt Col RP Nanda spoke to Higher HQ at 3
Corps on 01 July 2018. Consequently, this opportunity apparently seems to have been
encashed by him to the already exiting annoyance against me by my superiors to teach me a
lesson. In such gusto and to please the superior, he had levelled baseless and frivolous
allegations against me besides making me a scape goat in the serious charges under the Arms
Act 1959 by destroying the documentary evidence and by concealing and screening the real
offenders since 2015 including Major BS Rathore. Thus, Lt Col RP Nanda had cooked up and
trumped up the case against me under the Arms Act 1959 and then had written the
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complaint dated 02 July 2018 in a premeditated and predetermined manner in fulfillment of
his individual and joint designs of others superior authorities, who were annoyed with me for
writing the complaint on 09 Sep 16 and going to the High Court. Even the Hon’ble Supreme
Court has held that Army personnel enjoy fundamental rights and thus entitled to approach
the civil courts. Therefore, the long-existing bias of few superior authorities in Eastern
Command against me becomes clearer and stands reflected in their actions by not giving me
an opportunity to offer comments on the complaint dated 02 July 2018 by Lt Col RP Nanda in
the first opportunity and believing his complaint on the face value without any formal
investigation and instead straightway putting me on court martial on such allegations.

15. It is therefore apparent that entire disciplinary proceedings against me are

premeditated and predetermined. Had the proper inquiry with opportunity to me to defend,
was held on the allegations made by Lt Col RP Nanda objectively, and dispassionately, the
facts of my being implicated in the serious charges under the Arms Act 1959 and other
frivolous charges due to false, baseless and cooked up allegations by Lt Col RP Nanda would
have emerged at a much early date/stage and I would have been saved from undue
humiliation and severe mental strain for being attached to face the disciplinary proceeding
for the offences which I never committed. Be that as it may be, I therefore now seek a fair
and humane dispensation of justice at your hands to exonerate me from these charges so as
to put an end to my sufferings and pain.

16. As already brought out, in order to frame me in charges under Arms Act 1959, Lt Col
RP Nanda had even connived with Major BS Rathore (Prosecution Witness-13 at the Summary
of Evidence) on the night of 01 July 2018/02July 2018 and indulged in destruction of
documents to implicate me falsely for unaccounted Arms and Ammunition and then sent the
complaint dated 02 July 2018. Such culpable conduct of Lt Col RP Nanda stands established at
the summary of evidence through the testimony of various prosecution witnesses.

17. This apart, the other allegations are also false, frivolous, vexatious and are not well
founded, inasmuch not only his assumptions on these charges in his complaint dated 02 July
2018 are uncorroborated by any reliable evidence but same also stand demolished by the
prosecution eye witnesses. Vide his complaint dated 02 July 2018, Lt Col RP Nanda made the
following false allegation and misled the authorities:

(a) That a cadre named Wareppam Chandrakumar alias‘Japan’ of

UNLF is staying with men in barrack since Feb 2018 and a civilian named
Laisharam Samanada alias ‘Naoba’ as personal caretaker of Lt Col
Dharamvir Singh stays at 2 FID barracks. These are proved to be false and
a total fabrication by the evidence of various prosecution witnesses. It has
clearly emerged in the evidence of prosecution witnesses that the said
JAPAN, a cadre of UNLF was motivated to surrender by our Moreh Team
Commander Hav Md Amir Hussain (Prosecution Witness-8) and was
handed over to 39 Assam Riffles on 28 Feb 2018. A report to this effect
was duly sent to all the relevant authorities and the said JAPAN never
stayed or kept in the barracks with men of 2 FID since 28 Feb 2018 as
alleged. Similarly, it stands proved that the said civilian ‘NAOBA’ was
never a personal caretaker of Lt Col Dharamvir Singh. On the contrary, it is
proved that the said NAOBA was employed to help the cook and to wash
utensils of the Det Cook house on the request of the Det personnel and
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with the knowledge and approval of CO,3 CISU. Prosecution has not
examined Civilian Naoba. However, his Police verification of year 2017 and
2018 is attached here. (Copies of Police Verification of Laisharam
Samanada alias Naoba are attached with my statement as Exhibit IV)

(b) That on 29 June 2018 and 01 July 2018, when Lt Col RP Nanda was
in the company of Major BS Rathore, I (Lt Col Dharamvir Singh used
unparliamentary language (as now averred in charge No. seventh &
eighth). Such allegation stands belied by Major BS Rathore and other
relevant eye witnesses.

(c) That Lt Col Dharamvir Singh disobeyed the order for move to
Dimapur. Such allegation also stands disproved by the oral and
documentary evidence.

18. Thus, all the other allegations by him are the concoctions as a result of a
pre-conceived plan and concerted action to achieve his designs and please his
next superiors to trap me in the disciplinary case.

19. All these charges vis-à-vis prosecution evidence are discussed in the succeeded
paragraphs.

First, third and Fourth Charges

20. Major BS Rathore (Prosecution Witness-13) in his statement has clearly brought out
that on 29 Aug 2016 he took over the charge of OC, 2FID, (M Sector, Imphal) from Capt
Parth Sharma, who informed him that few captured Arms and Ammunition are kept in 2 FID
since the time of Ex OC, 2FID, Major (Now Lt Col) Abhik Mukherjee time and Maj BS Rathore
then spoke to Col Rajesh Singh, CO 3 CISU and sought his directions. As per Major BS
Rathore, on being informed about the presence of Unaccounted Arms & Ammunition in 2
FID, said Col Rajesh Singh, CO 3 CISU told him to maintain the status quo and focus on
operational issues. Major BS Rathore further stated that on 29 June 2018, Lt Col RP Nanda
himself enquired about the presence of Unaccounted Arms & Ammunition in the Det
premises from Major BS Rathore in the morning and Major BS Rathore (Prosecution Witness
-13 at the Summary of Evidence) confirmed to Lt Col RP Nanda that such unaccounted Arms
and Ammunition were lying in the Det since to 2015.

21. It has also emerged from the testimony of various prosecution witnesses at the
Summary of Evidence, as also brought above, that Lt Col RP Nanda (Prosecution Witness-1)
in connivance with Major BS Rathore had destroyed the handing/ taking over certificates of
the junior charge holders in regard to the unaccounted Arms and Ammunition since 2015 on
the same night, when compliant was drafted. However, Lt Col RP Nanda (Prosecution
Witness-1 at the summary of evidence) during cross-examination has confessed that all the
handing /taking over certificates of unaccounted Arms and Ammunition were destroyed on
the night of 01 July 2018 and 02 July 2018 but he states that same were destroyed by Major
BS Rathore (Prosecution Witness-13). In this connection his relevant answer during cross-
examination in the Summary of Evidence on 04 Mar 2019 is reproduced below: -
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‘Question No 15 to Lt Col RP Nanda (Prosecution Witness-1).

(a) On 02 Mar 19, you produced the Photostat copy of counter

signatures by Maj Rathore on 10 Oct 16 on the Handing/Taking over list of
unaccounted Arms and Amn recovered on 01 Jul 18 from the JCOs living
barrack Det location of 2 FID Imphal. I suggest you to bring on record the
ink signed copy of unaccounted Arms and Amn list counter signed by Maj
Rathore and also the ink signed copy of the list with signatures of Charge
holders.

Reply NO 15.

(b) The original ink singed copies of unaccounted Arms and Amn
between charge holders as filed in official files were torn and destroyed by
Maj BS Rathore on 02 Jul 18 at approx. 0100h as told by Hav Clk Vinod
Kumar, who was in charge of Office files. Therefore, I cannot produce ink
signed copies as asked by you’.

22. If that was the fact (though not conceded) that all the relevant handing/taking over
certificates were torn and destroyed by Major BS Rathore on same night, when Lt Col RP
Nanda drafted and sent the complaint, it stands to no reason, why Lt Col RP Nanda did not
include and report such serious fact/matter in the same complaint dated 02 July 2018
written on the same night or any time thereafter. Non-reporting/supressing such fact by Lt
Col RP Nanda about the destruction of handing/taking over certificates pertaining to
unaccounted Arms and Ammunition since 2015, clearly proves his involvement in the
conspiracy with Major BS Rathore (Prosecution Wintess-13) to frame me falsely, then
conceal and screen the real offenders since 2015 including Major BS Rathore. The factum of
destruction of such documentary evidence between Lt Col RP Nanda and Major BS Rathore
(Prosecution Witness-13) on the night of 01/02 July 2018 in the form of handing/taking over
certificates since 2015 pertaining to unaccounted Arms and Ammunition stand amply proved
by the prosecution evidence on record of the summary of evidence.

23. Not only this, on 02 July 2018, in the morning Lt Col RP Nanda (Prosecution Witness-
1) when confronted by Hav Clerk Vinod Kumar (Prosecution Witness-12) that all the
handing/taking over certificates pertaining to unaccounted Arms and Ammunition were not
available, he told Prosecution Witness-12 to keep quiet about it and not to tell anyone. In
connection with the above facts, the following testimony of the Prosecution witnesses in the
summary of evidence is pertinent and the same are reproduced below for ready reference:

“Statement of Hav Ajoy Kumar (Prosecution Witness-9)

(a) I also noticed that all records of Handing/Taking over between charge
holders of Unaccounted Arms & Amn were also missing, as I was aware of the
file contents as a senior NCO and charge holder. I asked Hav Clk Vinod Kumar
about the missing Handing/Taking over certificate dated 27 Jun 18 for
Accounted Arms & Amn between me and Hav Robindro as well as the records
of Handing/Taking over between charge holders of Unaccounted Arms &
Amn. Hav Clerk Vinod replied that on 01 Jul 18 at around 2300, Lt Col RP
Nanda called for the file of Handing/Taking over of Arms & Amn of 2 FID to his
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office. Maj BS Rathore was also present there, when he took the said file to Lt
Col RP Nanda in the office. Hav clerk Vinod told me that when the file of
Handing/Taking over of Arms & Amn of 2 FID was returned to him, the
Handing/Taking over Certificate dated 27 Jun 18 for Accounted Arms & Amn
between me and Hav Robindro was missing. Also, all records of
Handing/Taking over between charge holders of Unaccounted Arms & amn
could not be found in the file of Handing/Taking over file of Accounted Arms
& Amn of 2 FID as at around 0100h 02 Jul 18, Lt Col RP Nanda and Maj BS
Rathore destroyed all the documents by tearing them”.

“Statement by Hav(Clerk) Vinod Kumar (Prosecution W-12)

(b) On 02 Jul 18 at 1030h I was given the file of Handing/Taking over by Lt

Col RP Nanda which was handed over to him. On checking the file I noticed
that certain Handing/Taking over certificates of Unaccounted Arms and Amn
were missing from the file as I was fully conversant with the file. I also
noticed that the Ink signed Handing/Taking over lists of Unaccounted Arms
and Amn between the charge holders were also missing. When I
approached Lt Col RP Nanda immediately telling him that all the ink signed
lists of Unaccounted Arms and Amn were missing. He told me to keep quiet
about it and not to tell anyone”.

24. The other limb of mischief on the part of Lt Col RP Nanda(Prosecution Witness-1)
that has also emerged in the summary of evidence is that on one side he claimed in the
Summary of Evidence and blamed Major BS Rathore(Prosecution Witness-13) that the
handing/taking over certificates pertaining to unaccounted Arms and Ammunition were torn
and destroyed on the same night by Maj BS Rathore , when he drafted the complaint dated
02 July 2016 but at the same time he produced the photocopies of some selective
handing/taking certificates in respect of unaccounted Arms and Ammunition (not admissible
in evidence) during the tenure of mine, evidently to implicate me falsely somehow. Despite
that fact, it had clearly emerged in the prosecution evidence (Hav Ajoy Kumar
Singh(Prosecution Witness-9), Nk PK Singh(Prosecution Witness-10), Major BS Rathore
(Prosecution Witness-13) and Hav M Robindro Singh (Prosecution Witness-11) that such
unaccounted Arms and ammunition were held in 2 FID since 2015 from the tenure of
erstwhile OC, 2 FID, Maj (Now Lt Col) Abhik Mukharjee with approval of CO 3 CISU and
when I came on posting and took the charge of Officiating OC 2 FID from Major BS Rathore, I
was never apprised of the existence of such unaccounted Arms and Ammunition. This is
because Major BS Rathore had instructed that I be nor apprised of this fact and that I had
come to No 2 FID (M Sector Imphal) for short period temporarily. In this regard, the
following prosecution evidence as emerged in the summary of evidence is relevant to prove
my innocence:
Hav Robindro (Prosecution Witness-11)

(a) I No 4373308N Hav M Robindro Singh came on posting to No 2 FID (M

Sector Imphal), 3 CISU on 04 May 16 from 4 CISU. Maj Abhik Mukharjee was
the OC 2 FID at that time.

(b) On 09 Oct 2016 I was instructed by Maj BS Rathore to take over the
charge of MI equipment, Det property ACG items and Arms & Amn including
 11
Unaccounted Arms and Amn from Hav Shankar Singh. I state that I had seen
this Unaccounted Arms and Amn being Handed over and Taken over
between various JCOs & NCOs in the Det HQ premises during my stay until
then.

(c) The Unaccounted Arms and Amn were kept in a separate green steel
Almirah in JCOs living. I laid out these Unaccounted Arms & Amn, checked
them physically and found that certain items were rusted. To tally them with
an existing list, I utilised the list of Unaccounted Arms & Amn Handed/Taken
over between Sub Harnam Singh and Hav Shankar, which was just the
immediate previous Handing/Taking over. I found all the items present as
per the list. I locked them back in the same green steel Almirah.

(d) In presence of Hav Ajoy Kumar and Hav Shankar I reported about
taking over of Unaccounted Arms & And Amn to Maj BS Rathore. Maj BS
Rathore told me that he was aware of the Unaccounted Arms and Amn
present in the Det premises as informed to him by Sub Harnam Singh. He
cautioned me that I should not inform anyone about this unnecessarily.

Question No 2 by Lt Col Dharamvir Singh.

Question No 2

(a) Did you ever report to me whenever you took over charge of
Unaccounted Arms & Amn on the dates brought out by you in your
statement?

Reply No 2.

(b) No, We always reported to Maj BS Rathore with regards to

Unaccounted Arms & Amn as I was the charge holder of Unaccounted Arms
& Amn, Maj Rathore remarked that Lt Col Dharamvir Singh has come for a
couple of months to 2 FID and would be moving out soon. I was told by Maj
Rathore that the presence of Unaccounted Arms & Amn should not be
informed to Lt Col Dharamvir Singh.

Hav Ajoy Kumar (Prosecution Witness-9)

(a) I was posted to No 2 FID (M Sector Imphal) in the month of May 2016
from Military Intelligence-25 Directorate General of Military Intelligence, IHQ
of MOD (Army). During my tenure in 2 FID, I performed the duties of
Intelligence Non Commissioned Officer (Int NCO) and Counter Insurgency
Non Commissioned Officer(CI NCO).
 12
Cross Examination of prosecution Witness No 9 next day on 16 Mar

Question No 1.

(a) Did you report of the unaccounted Arms & Amn to me in my tenure as
OC 2 FID (M Sector Imphal)?

Reply 1.

(b) No. I did not report of the Unaccounted Arms & Amn as I did not hold
their charge. It was responsibility of the charge holders of Unaccounted Arms
& Amn to give its report to you.

Question No 2.

(c) During you tenure under my command, did you ever see me in
possession of illegal or prohibited Arms & Amn?

Reply 2. No.

25. Irrespective of the fact that Lt Col RP Nanda indulged in criminal activity in
implicating me for the three offences under Arms Act 1959 but the evidence as has come on
record prove my innocence.

26. Then there is another angle in this case i.e. violation of special safeguards as provided
in the Arms Act 1959 pertaining to cognizance of offence under the Arms Act 1959, searches
and seizure etc. as given in various sections of the said Act. The Hon’ble Supreme Court in
the case of UOI vs L D Balam Singh ( 2001 (9) SCC 82) has held that the procedural
safeguards as are available to an accused person while being enquired/investigated or tried
as per provisions any other Act by a criminal court, should also be made available to the
military personnel, who is being tried by court martial in respect of civil offences under such
Acts which are triable in criminal court. In this case the safe guard as available under
Sections 22,36,37,38 and 39 stands violated, making the entire disciplinary action void ab
initio.

27. Above apart, Lt Col RP Nanda has also conceded in his statement at the Summary of
evidence during the cross-examination that the unaccounted Arms and Ammunition cannot
be deemed to be in my possession in terms of Arms Act 1959. Couple with this, there is also
evidence that unaccounted Arms and Ammunition were held since 2015 and when I came in
late 2016, I was not apprised of such unaccounted Arms and Ammunition by any one during
my tenure. This was why Lt Col RP Nanda destroyed the handing/taking over certificates
since 2015 (wherein even then CO 3 CISU Col Rajesh Singh was also aware and had given
approval as per the prosecution case in the summary of evidence) in connivance with Major
BS Rathore to trap and foist a false case against me.

28. I also submit that on 30 Jun 2016, I was posted as OC Z Section in HQ 3 CISU.
However, when I was made to withdraw the complaint on 20 Sep 2016, very next day that is,
on 21 Sep 2016, I was directed by Col Rajesh Singh, then CO 3 CISU to report to immediately
to 2 FID (M Sector Imphal). (Copy of my posting order as OC Z Section HQ 3 CISU alongwith
 13
copy of Movement Order for 2 FID, M Sector Imphal, dated 20 Sep 2016 attached
with my statement as Exhibit V) Unexpected and sudden direction of Col Rajesh Singh, then
CO 3 CISU for me to move to 2 FID corroborates the statement of Hav M Robindro Singh,
Prosecution Witness-11 where Maj Rathore cautioned him that he should not inform anyone
about the presence of Unaccounted Arms & Amn unnecessarily and not to tell Lt Col
Dharamvir Singh about these Unaccounted Arms & Ammunition as Lt Col Dharamvir Singh
has come to No 2 FID for a short while. In this connection, reply of Hav M Robindro Singh
(Prosecution Witness-11) to my question No 2 is very much relevant and re-produced below
for ready reference:

Hav M Robindro (Prosecution Witness-11 )

Question No 2 by Lt Col Dharamvir Singh.

(a) Did you ever report to me whenever you took over charge of
Unaccounted Arms & Amn on the dates brought out by you in your
statement?

Reply No 2.

(b) No, We always reported to Maj BS Rathore with regards to

Unaccounted Arms & Amn as I was the charge holder of Unaccounted Arms &
Amn, Maj Rathore remarked that Lt Col Dharamvir Singh has come for a
couple of months to 2 FID and would be moving out soon. I was told by Maj
Rathore that the presence of Unaccounted Arms & Amn should not be
informed to Lt Col Dharamvir Singh.

29. On the false implication even, our criminal jurisprudence denounces such implication
and states as under:

“Our criminal Jurisprudence gives more stress over avoiding of false

implication of an innocent to the extent where hundred guilty may
go scot- free. The spirit behind the same is very pious. Even
otherwise, by one case of false implication of an innocent, rule of
law loses one exponent (supporter) and a rebel with defiance
towards rule of law is ready. Poor investigation with tainted
prosecution is perfect recipe for such eventuality,”

30. To sum up, there is no credible evidence to connect me with the three offences (1st
3rd and 4th) under Arms Act 1959 and Army Act section 69 and 63 and make me a scape goat.
I have been falsely implicated in this case by Lt Col RP Nanda, who had indulged in
falsehood, fabrication and destruction of evidence, which constitute serious culpable acts of
commission and omission on his part under Indian Penal Code as already brought out here-
in-before.
 14
Second Charge

31. This charge, that I disobeyed the lawful command given by the Commanding Officer,
Col Ranjan Singh, 3 CISU to report there at Dimapur on 30 June 2018 by 1600hrs vide his
written Instruction No. 3015/CISU/A(I) dated 29 June 2018 and Movement Order dated 30
June 2018 as averred in the particulars of this charge, is misleading, untrue and has been
leveled against me as an afterthought with ulterior motive. The prosecution evidence itself
establishes that I did not disobey any such orders under the law as such order on 29 June
2018 read with movement order dated 30 June 2018 given pursuant to such instruction, was
not capable for execution under the facts and circumstance of the situation under which it
was given. I reiterate that at no stage I disobeyed the such orders of the Commanding
Officer. On the contrary, the facts are that the Debit balance of Approx 359000/- was due of
the Det personnel who keeping the national interest first had contributed the amount from
their own pockets for functioning of 2 FID when the Det was facing acute financial shortage
and from time to time, this point was conveyed verbally and in writing to CO 3 CISU and also
authorities up the chain were informed during the briefings. Before Handing Over the Det to
Lt Col RP Nanda, it was my first and moral duty to clear all the dues of Det persons, for
months and this financial issue was not addressed by the CO 3 CISU till 28 Jun18. On 28 Jun
18, I had sought written clarification from the CO on the subject as Lt Col RP Nanda clearly
refused to take over the Det without clarifications from CO 3 CISU. The Copy of this
clarification letter written by me to the CO, Col Ranjan Singh, 3CISU is (Copy of letter
attached with my statement as Exhibit VI ). But the CO 3 CISU did not issue any clarification
and Lt Col RP Nanda was not ready to take over from me in the absence of such clarification
as told to me. On 30 Jun 2018, I again sought clarification on the said matter in writing from
the CO 3 CISU. (Copy of letter attached with my statement as Exhibit VII). However, instead
of clarifying or giving directions on important financial issue, the CO 3 CISU ordered me to
hand over the Det and report to the Unit HQ on 30 Jun 18 by 1600h. It was not possible for
me to move down when Lt Col RP Nanda was not ready to take over the Det. This apart, on
29 Jun 2018, no movement order was issued to me for my move to Dimapur and all such
allegations are false.

32. In this regard, first prosecution evidence is that Lt Col RP Nanda (Prosecution
Witness-1) reported on 26 June 2018 at 2FID, Imphal as my reliever. The mandatory Handing
/Taking over period was four days i.e. from 26 June 2018 to 29 June 2018. As per charge,
pursuant to instruction No 3015/CISU/A(I) dated 29 June 2018, I was given Movement order
No. 3609/2FID/A dated 30 June 2018 on 01 Jul 18. (Copy of Movement order attached with
my statement as Exhibit VIII) by Lt Col RP Nanda (Prosecution Witness-1) for my move to
Dimapur. As per this Movement order dated 30 June 2018, I was relieved in the A/N.

33. The approximate travel time from Imphal to Dimapur by road10-12 hours by any
standards. This is also a general military knowledge for any military person, who had served
in that area. Hence, the instruction to reach by 1600 hrs on 30 June 2018 were incapable of
execution, even if I had commenced my move in the afternoon of 30 June 2018. I moved
from Imphal on 01 July 2018 and reached the Unit i.e. 3 CISU at Dimapur at 2045h. I stayed
in 3 CICU under Commanding Officer, Col Rajan Singh till 10 July 2018, when I moved out on
posting as even deposed by Col Ranjan Singh.
 15
34. As per Note 3 under Army Act Section 41, for a charge of Disobeying the authority of
superior, the instruction/order has to be capable of execution. The relevant portion of Note
3 to Army Act Section 41 is reproduced below for ready reference:

‘Notes
1. x
xxxxx
2. x
xxxxxxxxxx
3. L
awful Command- The command must be a
specific to an individual i.e. it must be capable
of individual execution by a person to whom it
is addressed ……………’

35. Therefore, the charge as preferred against me for disobedience does not stand
attracted legally in terms of Army Section 41(1) as even if I had commenced my move in the
afternoon of 30 June 2018, I could not have reached Dimapur by 1600 hrs because
approximately travel time from Imphal to Dimapur by road is approximately 10-12 hours by
any standards. Hence such Command/written instruction were incapable of execution. This
is also the reason that the CO 3 CISU did not take any action against me on this issue when
reached on 01 July 2018 and stayed in the unit till 10 July 2018 before my move due to
posting. Therefore, this charge at this belated stage is also not attracted under Army Act
Section 41(1).

Fifth Charge

36. Coming to fifth charge for keeping Self Styled Sergant named Wareppam Chander
Kumar alias ‘Japan’ a cadre of UNLF. The evidence preceeding from the prosecution
witnesses clearly reveal that the said Wareppam Chanderkumar Singh alias ‘Japan’ neither
kept nor used to stay in No 2 FID(M Sector Imphal) permanently since 28 Feb 2018 as
alleged.

37. The prosecution evidence further discloses that Japan was handed over to 39 AR on 27
Feb 18, next day of his arrival to Imphal for his further documentation of his surrender
process. Subsequently, he was issued with first temporary Identity Cards by 39 AR on 03 Apr
18 with validity date of 30 May 18 and re issued with second temporary Identity Card 08 Jun
18 with validity till 8 Aug 18. (Two Copies Temporary Identity cards of Japan attached with
my statement as Exhibits IX) None of the prosecution witnesses have stated that he ever
stayed in the barrack of 2FID since 2018. Therefore, the allegation that he was kept in the
unit stands disproved by the prosecution evidence itself. Thus, there had been no violation
of Do’s and Don’ts issued by IHQ MoD (Army) read with judgement of Hon’ble Supreme
Court as alleged. Statement of relevant prosecution witnesses is as under:
 16
Statement of Hav Ajoy Kumar Singh (Prosecution Witness-9)

(a) On 25 Feb 18, I was told by Lt Col Dharamir Singh that a cadre of
UNLF named SS Sergeant Warrepam Chndrakumar@ Japan had crossed
over from Myanmar to Moreh for surrendering to Indian Army. I was
further instructed that I had to liase with Hav Md Amir Hussain as well as
Officer In-charge Pallel Team, Capt US Singh to coordinate the move of
the cadre of UNLF Japan to Det HQ, 2 FID(M Sector Imphal). On 26 Feb
18, a team comprising of Capt US Singh, Sub MS Singh, me and one more
Hav reached Moreh Team location and escorted the cadre of UNLF
named SS Japan to the Det HQ, 2 FID( M Sector Imphal).

(b). The next day, that is on 27 Feb 18 the UNLF cadre Japan was
handed over to a party of 39 AR comprising of One officer and 12 ORs. I
am not aware whether the certificate of handing over the cadre was
obtained or not. Further I came to know from my contacts in 39 AR that
the cadre of UNLF Japan was kept in 39 AR premises for one and half
months under going surrender documentation procedures awaiting
surrender ceremony. I was told by the cadre telephonically that he was
issued with temporary I card on compassionate grounds, so that he could
visit his home and carryout treatment of his blind Aunt and Old Mother. I
had seen this temporary I card with Japan once he met me in mid Apr
2018 at the Det HQ (M Sector Imphal).

(c). At this stage the Officer Recording Summery of Evidence shows

Exhibit XLII to the prosecution witness 9, he identifies the same
positively, thereafter, the recording continues.

(d). We, that is Hav Robindro Singh, Hav Amir Hussain and I also got
an input that Japan has a desire and will to motivate more cadres from
UNLF to surrender to the Indian Army. I and Hav Robindro started
motivating him for the surrender of other UNLF Cadres. Japan proved to
be resourceful and based on his actionable int, we carried out successful
operation, where two UNLF cadres were arrested from Bishenpur Dist of
Manipur. After the successful operation we started operating him as a
source and this fact that Japan was providing actionable Int as a source
was known to Lt Col Dharamvir Singh and Maj BS Rathore. Many times
Japan used to visit the Det HQ and used to stay in our barracks
overnight due to operational reasons.

Statement of Hav Robindro(Prosecution Witness-11)

(a) Japan was motivated by Md Amir Hussain to surrender to India

Army and was Handed over to 39 AR on 27 Feb 18. However, I am not
aware that Handing over certificate was taken or not. I kept in touch with
Japan on mobile phone while he was held in 39 AR in the month of Mar
18. One day in Apr 18, he called me up on my mobile and told me that he
has been issued with a temporary Identity Card by 39 AR. I told him that
he should use it for his safety and security. However, I never saw
 17
temporary card issued to him by 39 AR as claimed by him. He was used
as source by our Det and I saw him coming to the Det many times in Apr-
May 2018. At most of the time he used to come and go back, but he
also used to stay overnight with us in Det premises at certain times
during his visit.

Statement of Hav Amir Huasin (Prosecution witness-8)

(a) On 25 Feb 18, the cadre of UNLF SS Japan came to me in Moreh

location for surrender. I accommodated the cadre of UNLF SS Japan
overnight in Hotel room of Moreh Town and had telephonic conversation
with Lt Col Dharamvir Singh for executing his surrender.The next day,
that is, on 26 Feb 18, early morning a team comprising of Sub MS Singh
and Lt US Singh, Hav Ajoy of 2 FID(M Sector Imphal) reached Moreh
Team location. I handed over the cadre of UNLF named Japan to them
alongwith one Beretta Pistol and a magazine. Subsequently I came to
know from personnel posted at Det HQ the Cadre of UNLF was handed
over to 39 AR and got to know further that in the month of April 18, he
was issued with temporary Identity Card from 39 AR and the formalities
for his official surrender had commenced.

(b) On 11 Jun 18, Moreh Team was closed down and I was called back
to HQ 2 FID ( M Sector Imphal).During the course of my stay in Det HQ 2
FID (M Sector Imphal) till 30 Jun 18, I did not notice the presence of the
cadre of UNLF named SS Japan in the Det HQ.

Statement of Major BS Rathore (ProsecutionWitness-13)

(a) ‘On 29 June 2018, he (Lt Col RP Nanda) told me that he has been
informed by some Det personal regarding a source named ‘Self Styled
Sergeant Wareppam Chandrakumar Singh alias Japan.’ I told him that the
cadre of UNLF Japan was motivated to surrender by our Moreh Team
Commander Hav Md Amir Hussain and as per my knowledge he
surrendered to 39 Assam Riffles. I had seen Japan two or three times in
the Det and also had interacted with him myself’.

38. As per the statement of Lt Col RP Nanda, he saw Japan in HQ 2 FID on very first day of
his arrival on 26 Jun 18 and on being enquired from Det persons he also was informed that
Japan is a surrendered militant and acting as source for 2 FID. On being enquired from Maj
BS Rathore on 29 Jun 18, he also clearly mentioned about source Japan that with the efforts
of Moreh Team of 2 FID Japan surrendered to 39 AR. After knowing the status of Japan, Lt
Col RP Nanda deliberately hidden the fact from me when I was present in the Det. As per the
statements of prosecution witness 9 and 11, Japan was again called on 30 Jun 18 for first
interaction with new OC 2 FID Lt Col RP Nanda. However, thereafter Japan was deliberately
detained by Lt Col RP Nanda in the Det premises till 06 Jul 2018 with malafied intention. This
fact was known to the Brig A and BGS Int HQ 3 Corps as Lt Col RP Nanda informed them
about so called a UNLF militant Self Style Sergeant wareppam Chandrakumar Singh alias
Japan through his complaint written on 02 Jul 18.
 18
39. Thereafter, Lt Col RP Nanda along with CO 8 AR and Prosecution Witness-5 & 9, took
Japan to Commando Police Complex Imphal to book him as an active cadre of UNLF on 06 Jul
18. Fortunately, after the arrival of CO 39 AR, the temporary Identity Card issued to Japan
was produced in the said Police Commando Office who after scrutinising the Temporary I
Card, refused to book Japan as an active Militant because he was undergoing a surrender
process with 39 AR. If Authorities in Dimapur came to know about so called UNLF cadre
Japan on 02 Jul 18, then why within 24 hours the said cadre was not handed over to the
nearest Police Station? Why CO 3 CISU, Brig A & BGS Int HQ 3 Corps maintained silence?
Why CO 3 CISU had hidden this development during my stay in Unit HQ from 01 Jul 18 to 10
Jul 18? When the information about the arrival and further action of Japan were timely
reported to the Unit with information to local formations through Situation Reports
(SITREPS) on 25 Feb 18 and 26 Feb 18, why the CO 3 CISU and then authorities in HQ 3 Corps
maintained silence on the status of Japan? Due to malafied intention and act of Lt Col RP
Nanda, 39 AR was also put in very embarrassing situation. As due to joint efforts by 39 AR
and 2 FID, Japan could get motivated to surrender to join the main stream who after few
months proved his worth as a source and provided inputs to Ningthokong Team of 2 FID, 3
CISU which resulted in apprehension of two UNLF cadres. Not only this, Japan was also
motivating few more active cadres to surrender and to join them in main stream.

40. This malafiede intent and action of Lt Col RP Nanda also sent a very negative message
and fear in the minds of the cadres who were getting motivated to surrender. Not only this,
by his actions, the coordination and the trust between an infantry Bn and Int Unit has been
breached and in future the Units in Area of Responsibility will be apprehensive of carrying
out any joint action with No 2 FID, 3 CISU.

Sixth Charge

41. In regard to sixth charge that a civilian named Laishram Samantda Singh alias ‘Naoba’
had been staying in the unit, the evidence has come on record that his employment was for
the Det personnel to help the cook and to wash utensils of the Det Cookhouse. Before
employing him in Det, his all documents were obtained and exist in the office. The Mess boy
was from local also did the petty jobs in the Det. Thus, it was not violative of Para 334 of the
Regulations for the Army (Revised Edition), 1987. Statement of relevant prosecution
witnesses is as under:

(a) Statement of Hav Robindro (Prosecution Witness-11)

Naoba was a Mess Boy employed in the JCOs, ORs cook house. He used
to stay in the barracks of 2 FID. I don’t remember about his Police
verification was taken or not. We had telephonically & through personal
liaison carried out verification of criminal antecedents from Police
Station Imphal West and CID office Imphal.

(b) Statement of Hav Ajoy Kumar Singh (Prosecution

Witness-9)

Inthe year 2017, the exact month I cannot recollect, Lt Col Dharamvir
Singh conducted a Sainik samelan immediately after re-joining from
leave. Maj BS Rathore was also in attendance. A point was raised by the
 19
Det personnel that there was requirement of Mess Boy for the Det. Lt
Col Dharamvir Singh told that he will seek permission from CO 3 CISU for
the said requirement. After some days, Lt Col Dharamvir Singh asked me
to find out suitable civilian Mess Boy. I contacted my sources and
selected a Mess Boy, a civilian named Laisharam Samananda
Singh@Naoba. On personal liaison with Police Officials, I found out that
the individual had not criminal antecedents, however, formal written
Police verification was not done. The Civilian named Naoba used to stay
in the barracks of 2 FID ( M Sector Imphal).

(c) Statement of Hav Amir Huasin (Prosecution Witness -8)

On 11 Jun 18, Moreh Team was closed down and I was called back to
HQ 2 FID ( M Sector Imphal). There I saw a civilian Naoba working as a
Mess boy in the Det HQ. He used to wash utensils and assist in the
preparation and layout of food in the Det Cook House. He used to stay in
the Barracks of 2 FID (M Sector Imphal)

(d) Statement of Major BS Rathore (Prosecution Witness -13)

I also told him (Lt Col RP Singh) that the Det had hired a mess boy
named Laisharam Sadananda Singh alias ‘Naoba’ to help the cook and to
wash utensils of the Det cook house.The Mess boy also did the petty
jobs in the Det’.

Seventh Charge

42. Adverting to the 7th charge, the allegation of Lt Col RP Nanda that I used
unparliamentary language against him on 01 July 2018, it is submitted that Lt Col RP Nanda
in his complaint dated 02 July 2018 vide para 13 (m) had alleged that on 01 July 2018, he
with a copy singed movement order, register along with Major BS Rathore joined Lt Col
Dharamvir Singh at Phaidinga Junction for handing over the movement order to which Lt Col
Dharamvir Singh refused to exacerbate the situation and execrably shouted on civil road
saying, “ Saalon tum logon ko nahin chodunga, public wo hall aur tamasha karunga jo
zindagi bhar yaad karoge’. He has further alleged that on this the public started gathering,
which was dispelled by him expeditiously.

43. At the summary of evidence, he stated that on 01 July 2018, I moved to Faidinga
junction along with Maj BS Rathore in Mahindra Scorpio, a Det vehicle. When we reached
Faidinga junction, I found the Escort to be deployed and Lt Col Dharamvir Singh was standing
outside his vehicle and talking on mobile phone. I went to Lt Col Dharamvir Singh with
Movement order and outgoing mail register to hand over the same to him. On this, he
shouted at me asking whether I have passed any orders restricting move of his wife out of
the premises of 2 FID. I replied that I had not passed such orders and I assured him that I will
speak to Mrs Ranju Singh, his wife, on reaching Det location and facilitate her move. Then he
said, Saalon Tum logon ko nahin chodunga, public main wo haal aur Tamasha karunga jo
Zindagi bhar yaad karoge”.
 20
44. As per Lt Col RP Nanda, Major BS Rathore was with him and Lt Col Dharamvir Singh
shouted at him while uttering such words and even the civil started gathering there. In
addition, when as per Lt Col RP Nanda, Lt Col Dharamvir Singh shouted such words, there is
evidence that Nk PK Singh (Prosecution Witness-10) and Hav Amir Husain (Prosecution
Witness-8) were also present there. It is reasonable to concede that if such words were
really shouted by Lt Col Dharamvir Singh, these would have also been heard by the other
persons present there like Major BS Rathore (Prosecution witness-13), Nk PK Singh
(Prosecution Witness-10) and Hav Amir Husain (Prosecution Witness-8). However, all these
witnesses clearly brought out that I didnot use any unparliamentary language as alleged by
Lt Col RP Nanda. Therefore, this charge stands disproved by the relevant prosecution eye
witnesses, whose testimony is reproduced below for ready reference:

Seventh Charge

(a) Statement of Major BS Rathore (Prosecution Witness -13 on

01 July 2018 incident

On 01 Jul 18, at around 0745h, Lt Col Dharamvir Singh left for the Unit
HQ, that is Dimapur along with the Quick Reaction Team. On reaching
Faidinga junction, he gave a call to Lt Col RP Nanda and told him that
he had left the movement order at his residence. On this, Lt Col RP
Nanda and myself went to Faidinga junction to hand over the
Movement order. On reaching there we saw Lt Col Dharamvir Singh
was talking to someone on mobile phone. He was not in a good mood
and shouted at us. He also said that he wanted to meet the GOC 57
Mtn Div and then only will proceed to Dimapur.

Cross-examintion by Lt Col Dharamvir Singh

(a) Question - On 01 Jul 18, did I make fwg improper statements in

your and Lt Col Nanda’s presence. “Saalon tum logon ko nahin
chodunga, public me wo haal aur tamasha karunga jzindagi bhar yaad
karoge”, tumari Sarkar nahin bachegi.”

Reply by Prosecution Witness -13

(a) I did not come closer and never spoke to you. Lt Col Nanda
came to you for handing over of the Movement Order. Therefore, I did
not hear any such words from you.

(b) Cross-examination of Nk PK Singh(Prosecution Witness-10) by

Lt Col Dharamvir Singh

Question No 6.

Were you present on Faidinga Junction on 01 Jul 18?

Reply No 6.
 21
Yes, I was present. I was called there by you through Sep Chandarkant
on his mobile phone to help you sending letter from Leimokong.

Question No 7.

Did you see me misbehaving with anyone including Lt Col RP Nanda?

Reply No 7.

No. I did not see you misbehaving.

Question No 8.

Did you hear any unparliamentary language used by me against Lt Col

RP Nanda?

Reply No 8.

No.

(c) Statement of Hav Amir Husain (Prosecution Witness-8)

On 01 Jul 18, at around 0600h, I saw Lt Col RP Nanda and Maj BS

Rathorestanding near the Mandir and gave instructions to wake up
everybody and to get the offices opened. At around 0630h, I noticed
the arrival of QRT in the Det premises. Then, Lt Col RP Nanda and Maj
BS Rathore went along with the members of QRT towards Officer
Commanding’s residence. On returning to the office Lt Col RP Nanda
ordered me to move to Dimapur with light bedding .and also instructed
me to inform Sep (MT) Chandarkant to place the Swift Desire vehicle of
the Det near the office of 2 FID ( Imphal) by around 0700h. Sep MT
Chandarkant was also required to carry light bedding. I informed Sep
Chandarkant of these instructions at about 0700h. Sep chandarkant
placed the vehicle near the office at around 0715h. At around 0830h, Lt
Col Dharamvir Singh came and sat in the rear seat of the Swift Desire, I
sat in the co-driver seat with Sep (MT) Chandarkant as driver of the
vehicle. We proceeded towards Dimapur at around 0845h from 2 FID
(M Sector Imphal) alonwith two QRT vehicles.

(d) After about half an hour or so, we reached Phaidinga junction,

Lt Col Dharamvir Singh told Sep Chandarkant that he wanted to go to
Leimakong, so Chandarkant gave the left indicator for turning towards
Leimokong. However, as the front QRT vehicle had halted at the
junction, we also halted our vehicle. The QRT JCO came towards our
vehicle and I saw Lt Co Dharamvir Singh requesting him to allow either
to meet the GOC 57 Div or speak to him on mobile phone. I alighted the
vehicle and went to and I saw Lt Col Dharamvir Singh its rear. After
some time, I saw the QRT JCO handing over his mobile phone to Lt Col
 22
Dharamvir Singh speaking on mobile phone. I saw Lt Col RP
Nanda in Mahindra Scorpio stopped adjacent to us.

6. I heard Lt Col RP Nanda questioning the QRT personnel as to

why vehicles had halted. I noticed that once the tele conversation of Lt
Col Dharamvir Singh was over. He sat in the Swift Desire vehicle. Lt Col
RP Nanda approached Lt Col Dharamvir Singh and there were some
conversation with regards to movement order as I could hear and as far
as I recollect. Subsequently we moved towards Dimapur. At
Kanglatombi, Dist KPI Gate, I noticed Mahindra Scorpio of Lt Col RP
Nanda overtaking and halted infront of our vehicle We also halted at
Kanglatombi Gate. Lt Col RP Nanda approached Lt Col Dharamvir Singh
and handed over some documents and took signatures. Thereafter, we
moved towards Senapati and halted there for about 15 to 20 mins.

Cross-examination by Lt Col Dharamvir Singh

Question No 1.

(a) During my entire move with you from 2 FID( M Sector Imphal)
to Dimapur on 01 Jul 18, did you see me misbehaving with anybody or
getting into an argument with Lt Col RP Nanda?

Reply to No 1.

Neither I did see you misbehaving with anybody nor did I see you
arguing with Lt Col RP Nanda.

Eighth charge

45. Adverting to the eighth charge, the allegation of Lt Col RP Nanda that I used
unparliamentary language on 29 June 2018 also stand disproved by the relevant prosecution
eye witness, whose testimony is reproduced below for ready reference:

Statement of Major Rathore (Prosecution Witness-13) about incident of 29

June 2018

(a) During the conversation Lt Col Dharamvir Singh said that Col
Ranjan Singh, CO 3 CISU is not able to comprehend the Hon’ble High
Court order and is unnecessarily creating the issue and behaving in an
immature manner.

Cross-examination by Lt Col Dharamvir Singh

Questions No 3.
 23
(b) On 29 Jun 18, did I make the following improper statements in
your and Lt Col RP Nanda’s presence? “I will be forced to put you and
Lt Col Nanda in ugly soup for which I will not be responsible.”

Reply No 3.

(c) I don’t remember any such statement made by you in my

presence on 29 Jun 18.

Questions No 4.

(d) On 29 Jun 18, did I make the following improper statements in

your and Lt Col Nanda’s presence.” I don’t care about silly letters,
stupid orders of the Commanding Officer, as the Commanding Officer
is very junior who doesn’t know command and control.”

Reply No 4.

(e) I remember you said that CO is not able to understand the

orders of Hon’ble Manipur High Court on your petition regarding Last
Leg Posting and you also made a statement that CO is behaving in
immature way.

Questions No 5.

(f) On 29 Jun 18, did I make the following improper statements in

your and Lt Col Nanda’s presence. “you both will know the laxity and
lazy character of the Commanding Officer within three months.”

Reply No 5.

(g) Apart from you saying that CO is immature, I don’t remember

anything.

Ninth Charge

46. Coming to this charge that between 26 June 2018 to 29 June 2018, I omitted to hand
over the charge of Commanding Officer of 2 FID to Lt Col RP Nanda in violation of para 866
of the Regulations for the Army(Revised Edition),1986, it is submitted that from very
beginning of 26 Jun 18, there was no delay from my side in Handing/Taking over between
me and Lt Col RP Nanda and everything was going smoothly as per the procedures. It was
only Lt Col RP Nanda who refused to sign on the Handing/Taking over for the reasons best
known to him. He submitted the Handing/Taking over at the Summery of Evidence without
his and my signatures. If he wanted, he could have signed and sent this Handing/Taking over
to in the Unit HQ as from 01 Jul18 till 10 Jul 18 I was present in the Unit and on 02 Jul 18
without any delay, on being asked by Col Ranjan Singh, CO 3 CISU, I signed on Bank
Operating Account Certificate. Same way I could have singed Handing/Taking over also. Lt
Col RP Nanda issued me the Movement order on 30 Jun 18. It means he was fully satisfied
with Handing/Taking over between both of us and that is why he assumed the command of
 24
OC 2 FID from 29 Jun 18 itself. If he had any doubts, I was present in the Unti till 10 Jul 18, he
would have contacted me. In this connection, testimony of following prosecution witnesses
is relevant:

Hav (Clk) Vinod kumar(Prosecution Witness-12)

(a) On 26 Jun 18, Lt Col Dharamvir Singh told me that the new OC has
arrived. I was told by him to show all the office correspondence and files
to Lt Col RP Nanda and to assist him in the taking over process. I showed
the office correspondence files to Lt Col RP Nanda on 27 Jun and 28 Jun 18
and Lt Col RP Nanda was satisfied as told me by him’.

Major BS Rathore(Prosecution Witness-13)

(b) On 26 June 18, handing/taking over between Lt Col Dharamvir

Singh and Lt Col RP Nanda was supposed to start. Lt Col Dharamvir Singh
told RP Nanda that he should start handing/taking over procedure with all
the charge holders including physical checking of stores and he himself
will address all the queries and doubts on the last day.

(c) After getting these directions, Lt Col RP Nanda started

handing/taking over procedure with all the charge holders. I was not
holding any charge in ther Det, so no handing/taking over took place
between both of us.

(d) On 29 June 2018 morning, I briefed Lt Col RP Nanda on Manipur in

OC’s office. During the discussions Lt Col RP Nanda mentioned that he has
been informed by some charge holders regarding presence of some
captured Arms ans Amn in the Det. I told him that these captured Arms
and Amn are lying in the Det since the time of Major (Now Lt Col ) Abhik
Mukherjee.

(e) Lt Col RP Nanda also asked me that he has been informed by

some me that he has been informed by some Det personal regarding a
source named ‘Self Styled Sergeant Wareppam Chandrakumar
Singh@Japan’ I told him that the cadre of UNLF Japan was motivated to
surrender by our Moreh Team Commander HAV Md Amir Hussain and as
per my knowledge he surrendered to 39 Assam Riffles. I had seen Japan
two or three times in the Det and also had interacted with him myself.

(f) I also told him (Lt Col RP Singh) that the Det had hired a mess
boy named Laisharam Sadananda Singh alias ‘Naoba’ to help the cook
and to wash utensils of the Det cook house.The Mess boy also did the
petty jobs in the Det’.

Statement of Lt Col RP Nanda (Prosecution Witness-1)

(a) On 26 Jun 18 at 0830h officially I reported to M Sector in 2 FID for

handing/taking with OC 2 FID. Lt Col Dharamvir was not present and he
 25
arrived at 1000h. He told to start with handing/taking over as part of
routine with charge holder and with Maj BS Rathore. Lt Col Dharamvir
Singh also mentioned that he will be briefing about ops part of Manipur
and technicalities of Ops on 29 Jun 18 in final briefing.

47. On 27 Jun 18 evening, while briefing on financial aspects, the issue of debit of appx
359000/- was brought to the notice of Lt Col RP Nanda and detailed briefing was given to
him as to why the Det is facing shortage of funds and for functioning of the Det how Det
personnel contributed the amount from their pockets. He was also informed in detail that
how since Jan 2018, the authorities at all level have been apprised about it. At that point of
time it was only Lt Col RP Nanda who stated that till the time directions are not sought from
the CO 3 CISU, I will not take over the Det. Keeping the development in view, on 27 Jun 18,
during evening report I informed the CO and sought verbal directions but there was no
response from his side. Next day, on 28 Jun 18, after taking the signatures of the Det
personnel who contributed the amount, a letter was forwarded to CO 3 CISU for seeking his
directions/clarifications on the subject. Till 29 Jun 18 I received no directions/orders from CO
3 CISU and I wrote another letter on 30 Jun 18. CO did not clarify the issue and ordered me
to handover the Det to Lt Col RP Nanda and report to Unit HQ on 30 Jun 18 at 1600h. One
side Lt Col RP Nanda was not ready to take over the Det and other side CO directed to come
down. This point led to confusion and was not understood by me. This is how the formal
handing /taking over was pending and in the meantime, Lt Col RP Nanda himself assumed
the Command. Thus, there had been no intentional or culpable omission on my part in the
handing/taking over from my side and circumstances were so created leading to confusion
on 29 Jan 2018. Hence no fault can be attributed to me in the facts and circumstance of this
case.

Tenth Charge

48. Adverting to the tenth charge that on 30 June 2018, I improperly and without
authority brought my family to 2FID (M Sector Imphal). I also respectfully deny this charge.
The facts are that on 27 June 2018 late in the evening my wife without any formal program
informed me that they were reaching my place on 30 June 2018 in the afternoon for six days
as she wanted to pay visit to me and her relatives from Siliguri, employed in Imphal. Such
information was fate accompli to me and during evening report I informed my Commanding
Officer Col Ranjan Singh and sought his verbal permission. The short visit of my family was
known to officers, JCOs and Jawans right from 27 Jun 18. In statement of Prosecution
witness-7 Sep MT Chandarkant Zanje clearly brought out that I was detailed by senior JCO 2
to 3 days ago to bring the family of Lt Col Dharamvir Singh. On 29 Jun 2018 CO 3 CISU also
communicated to me that in case my family comes, I can get them to the unit along with me.
Under the circumstances, this charge against me is unfair and unjustified as in the
circumstances, in which I was placed, it can not be said there had been any impropriety on
my part or that my Commanding Officer impliedly did not grant the permission when he said
that I can bring the family to Dimapur along with me.

49. My organization (Army) is very rich in customs & traditions, ethos and values where
ladies are always respected and during a short visit of lady wife to a duty station of her
husband is taken as a pride and customary gesture. At times the Commanding officer is just
informed about the visit of lady and a verbal permission is sought. In my service, in field or
 26
Insurgency Areas, that where the temporary visit of families is allowed, I have not seen any
officer taking written permission from the station.

Conclusion

50. It is submitted that I joined 1 PARA Commando (SF) as a Paratrooper and immediately
after my half basic training, in 1987 I joined my Battalion in Srilanka during Operation Pawan.
After two years, Battalion came back to India and I along with a team went to Nagaland in
Operation ORCHID and RIHNO. I took commission, passed out with 100 Regular courses in Jun
1997 and did cross attachment in Garhwal Scouts. During attachment, I accomplished various
difficult patrols in snow glaciers of Indo- China border hight ranging from 17000ft to 22000ft
and for the same as 2/Lt I was awarded with first GOC-in-C-Commendation Card. In 1999 I led
a team of Mountaineers in Operation VIJAY and played a major role in capture of BAJRANG
POST. After the Kargil War I moved with advance party of Garhwal Scouts to Naogaon in
Srinagar on LC for counter infiltration operations and in june 2000, I joined Int Corps at
Bagrakote in West Bengal. There, for my gallantry act I was awarded with second
commendation card.

51. I went on staff posting in counter insurgency field area at Rajouri in May 2005 and
there also I was awarded with my third commendation Card. Finally after 12 years in May
2008 I got my first and last peace posting in Mumbai. My Mumbai tenure was as happening
as field tenures. I was part of special team who interrogated Ajmal Kasab. During Mumbai
tenure, beyond call of my duty, without caring my life and safety I jumped into 18 to 20ft
deep drain full of poisonous gas, rescued two civilians, inhaled almost 20 points of Methane
Gas and for three days I was fighting my battle in ICU (INH ASVINI Colaba) where I narrowly
escaped death.(Copies of paper cuttings attached with my statement as Exhibit X) For my
this act I was awarded with Chief’s Commendation Card. In 32 years of long journey as a
soldier, I always worked selflessly for the nation and for the organization and Army has
always been my first love. Today, just because of someone’s ego, high headedness and
selfish attitude, at the fag end of my career I, in uniform went through the biggest
humiliation on 01 Jul 18 at 0630h when without any fault of mine, infront my wife,
daughters and the men I commanded, I was first ill-treated by Lt Col RP Nanda when he
deployed QRT around my residence and then I was forcefully taken down from Imphal to
Dimapur where I was illegally detained till 10 Jul 18 and was finally released on 11 Jul 18 in
High Court of Manipur. The statements of Prosecution witnesses 4, 6, 7 and 10 are enough
to bring out the fact that how I was treated by Lt Col RP Nanda from 0630h on 01 Jul 18 till
Kanglatumbi KPI gate on 01 Jul 18. Even Prosecution witnesses brought out serious
statements made by Lt Col RP Nanda at Faidinga Junction when Lt Col RP Nanda instructed
QRT Jawans by saying ( Isko free mat chhodo bhag jayega tumari naukri khatre me pad
jayegi). However, this was not taken on record as it could not form part of my 10 charges. I
am certain that the kind of ill-treatment which Lt Col RP Nanda gave to an officer who is
much senior to him with 32 years of service, he could not have done without the blessings or
directions from few senior officers as it can be seen by the statements of Prosecution
witnesses particularly the statement of Prosecution witness-6 that how on 01 Jul 18 from
0630 Hrs till my arrival to Dimapur, my move was directly being controlled and monitored by
the Brig A HQ 3 Corps. Today, without any fault of mine, I am facing ten serious charges and
being blamed for maligning the Image of this esteemed organisation. For a religious soldier,
nothing can be more painful than this. I humbly submit that Army is my first love and a
religion for me and I cannot ever dream of maligning the image of my esteemed
 27
organisation. However, just due to malafied intent of Lt Col RP Nanda and his actions on
directions of few senior officers, the image of my organization is being dented. Due to the
criminal act by Lt Col RP Nanda, my wife was left with no option and was compelled to lodge
FIR which had never been an easy decision for her. I am very hopeful that my organization
will take a note of real and habitual offenders who are denting the image of the Army and
smartly put blame on others.

52. In the end, it is not out of place to mention that immense humiliation has already
been suffered by me since the inception of this case. As a “deemed offender”, I had already
been subjected to the stigma and taint of being under investigation for more than a year.
This has badly affected my military reputation and character. Due to this, not only I am
constantly under pressure and severe mental strain but even my entire family is undergoing
the life in great stress and mental pain. My wife is alone and managing with children and old
veteran mother having multiple diseases and gloom all over. Under this pathetic condition
and particularly when I feel that I have been foisted with serious charges in a symmetric
manner. I therefore seek a fair and humane dispensation of justice at your hands to
exonerate me from these charges so as to put an end to my sufferings and pain.
It is submitted that I am a victim of circumstances and being inflicted harassment,
humiliation and persecution. I, therefore, seek a fair and humane dispensation of justice at
your hands to exonerate me from these ten charges.

Date: (Lt Col Dharamvir Singh)

The Accused
Place: