Accused in graft case, 2 Army soldiers move special CBI court, seek transfer of case to military court

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Two Army soldiers accused in a corruption case have approached the Special CBI Court in Chandigarh, seeking transfer of their case from Chandigarh CBI Court to a military court.The application has been filed by the accused — Naik Sandeep Singh Rajput and Havildar Dev Kumar Verma — stating that Section 125 of the Army Act, 1950, categorically provides that when criminal court and a court martial each have jurisdiction in respect of an offence, it shall be the discretion of the competent military authority (CO) to decide before which court the proceedings shall be instituted. Hence, in the present matter, since the accused was in active service at the time of commission of the alleged offence, it is the exclusive prerogative of the Army authorities to determine whether the trial should proceed before a General Court Martial, and the present proceedings before this court are without jurisdiction.Further, the applicants submitted that in the instant case, the alleged acts of misconduct/corruption pertains to the period when the accused (applicants) were on active Army duty. Hence, as per statutory mandate, the proper forum for trial of the accused is by court martial (CM) under the Army Act, 1950, and not the present criminal court.The special CBI Court of Chandigarh has issued a notice to CBI (Central Bureau of Investigation) for reply. The matter is now scheduled for hearing on December 3.The case dates back to two years when the Chandigarh unit of the Central Bureau of Investigation (CBI) unearthed a corruption racket at the Indian Army’s Bikaner Cantonment Unit-365.As per the CBI chargesheet, the FIR was registered in June 2023 on the basis of source information, against Jatinder Singh Bedi of M K Agencies, in Chandigarh; Uma Shankar Prasad Kushwaha, Integrated Financial Advisor (IFA), South Western Command, Jaipur; Vijay Nama, Junior Translator, PCDA (Principal Controller of Defence Accounts), South Western Command, Jaipur; Rajendra Singh, a proprietor of Tanushree Services; Sandeep Singh Rajput and Dev Kumar Verma, then posted as dealing clerk in account section of Unit 365, Bikaner Cantt Rajasthan; Nand Laal Meena, a senior auditor at PCDA office, Jaipur; and Manoj Kumar Burania, senior auditor in office of LAO, Army, Jaisalmer.According to the CBI’s findings, the Chandigarh-based firm M K Agency had been awarded a contract to supply and install flap barriers, full-height turnstile gates, and related software and hardware at the Unit 365 of Bikaner. The investigation revealed that Jatinder Singh Bedi of M K Agency, with the assistance of intermediaries, bribed key officials to gain access to confidential tender details, violating norms of the Government e-Marketplace (GeM) portal. This manipulation ultimately secured the Rs 24.77 lakh contract for his firm.Story continues below this adIt has been alleged that Jatinder Singh Bedi of MK Agencies has been obtaining contract for order supplies at Unit 365, Bikaner Cantt, Bikaner, Rajasthan and for obtaining undue favour in award of the said works bypassing the provisions of GeM as well as for payment of bills without objection have been bribing the officials.The CBI chargesheet alleges that the private contractor, Rajendra Singh, has been approached by accused Army official posted at Unit 365, Bikaner Cantt, Bikaner, Rajasthan, for favourable settlement of a matter relating to a private contractor, J S Bedi of MK Agencies, and Rajendra Singh has been pursuing matters relating to award of work related to Unit 365 at Bikaner.As per CBI allegations, the accused Army officials posted at Unit 365, Bikaner Cantt, defence accounts officials, had been misusing their official position to ensure in getting the contract/tender in favour of co-accused Jatinder Singh Bedi of M K Agencies, Chandigarh.After a detailed inquiry, the CBI filed a chargesheet in the Special CBI Court, Chandigarh, naming eight accused, including Army personnel, defence accounts officials, and a Chandigarh-based contractor.