Former Adjutant General Lt. Gen. Ashwani Kumar was served a legal notice by a veteran seeking an “unconditional apology” for speaking in an “irresponsible and abandoned manner” about various service subjects and issues “outside” his purview.
Last week, before superannuating from Service, Lt. Gen. Kumar spoke to media on disability pension and the proposed Code of Conduct for veterans that is in the works among other issues.
The ‘notice for defamation’ of Rs. 1 crore was served by Lt. Col. Niraj Bakshi (retd.), who was granted disability pension by the government on retiring, for the “irreparable damage” caused for his reputation as a disabled soldier, a disability pensioner and an upright military veteran and model citizen.
“Take note that in case you issue an unconditional apology duly circulated in public within a period of 15 days from the receipt of this communication, this notice shall stand withdrawn, otherwise litigation shall be instituted in the contempt of Court of Law, the costs and consequences of which you would be personally liable to bear in toto,” the notice dated October 6 read.
“You irresponsibly expressed views which are also against the statements of Union Defence Minister, statutory provisions and judgments of the High Courts and the Supreme Court,” the notice said.
The former AG spoke “disparagingly” about disability pensioners of the Army and persons with disabilities “as if many such pensioners do not deserve disability benefits,” it said. On the tax exemption controversy, the notice observed that the Defence Minister had stated on the floor of the House that he will ensure no benefit to disabled soldiers “is withdrawn.” “You have clearly breached the bar by contravening and challenging the authority of the Defence Minister,” it read.
On the Code of Conduct, Lt. Gen. Kumar said the Army Headquarters was in advanced stage of deliberations on formulating it, and added that “when people retire they must give some undertaking on a code of conduct that they will abide with. Any violation depending on what modifications are required to existing provisions...”
Huge outcry
This led to huge outcry from the veteran community on social media, with many senior retired officers calling it an attempt to silence the fraternity.
The notice called it “illegal supposition”, since veterans are not bound by service rules and those who run foul of the law are convicted under the Indian Penal Code (IPC). “By talking of such an illegal theory, you have maligned the image of all military retirees as if they are meant to follow your dictates or that they are not indulging in respectable behaviour in civil life,” it stated.
On disability pension, Lt. Gen. Kumar had stated that there were cases where there was “impropriety” by some senior officers in maintaining their medical records and they were given “due punishment for the offence.” He added that Army had sent recommendations to the Defence Ministry on tweaking the rules for award of disability pension and also capping the exemption limit. He said that about 70-80 officers retired every month, of whom about 35% were in low medical category and “out of the 35%, nearly 50-60% ultimately get disability pension.”
