Two Judgements -Two Oopinions

After going through two recent judgements, one given by the Delhi High Court and the other by the Supreme Court, I am at a loss to understand as to which is the greater offense and deserves stricter punishment, slapping a senior or the case of theft, fraud and lack of moral courage. Of course I am referring to the two judgements given a couple of weeks back by two different courts, Delhi High Court and Supreme Court, and both concerning the Armed Forces.

The first one was concerning a fight cadet in the Air Force Academy who was convicted by the inquiry as to have stolen an ATM card belonging to another cadet and then withdrawing Rs.5000/= from his account and when given a chance to own it up in the assembly in order to finish the case, did not do so until he was caught, thus displaying not only criminal tendencies but also lack of moral courage, a quality which is a must in all officers of Armed Forces. The cadet was dismissed from the academy rightly so but he could have still made a career in outside world. The only mistake which the authorities made was not to hand over the case to the civil police after registering an FIR and let the police and judiciary take its own course. Probably they did not want to spoil his career in the outside world and thus only removed him from the training. A fight cadet is not subject to the Air Force Act and hence he filed a petition in the Delhi High Court and surprisingly the Delhi High Court not only downplayed his offense but also ordered his reinstatement in the training, a bigger mistake. The Air force will appeal in Supreme Court and rightly should do it.

The other case consists of an airman and his superior junior commissioned officer. It was established in the enquiry that an argument took place as to which channel to watch during IPL season and during the argument the airman slapped the superior. The court of inquiry and further disciplinary proceedings recommended his removal from service and after due process he was rightly removed. The airman went to AFT, as he was subject to Air Force Act, and lost his case for reinstatement in the services, as this was taken as a serious offense and his removal was upheld. His appeal to the Supreme Court after failing in AFT was also rejected and Air Force decision to terminate his service was upheld. The Supreme Court held that slapping a superior officer was a serious offense meriting removal from the Air Force.

Looking at these two judgements I am at a loss to understand as to which in Court’s opinion is a more serious offense. To a normal person it would appear that theft, fraud is a bigger offense and merits more serious punishment, maybe a jail term even, than the slapping, but it appears that the judges think differently. In the context of requirements of Armed Forces the case of theft, fraud, lack of moral courage is a very serious offense than the slapping and both rightly deserve to be removed and in addition the case of theft deserves a jail term even. But in the opinion of judges the slapping is a bigger offense than the case of theft and fraud. Of course there is a difference as one is subject to Air Force Act while the other is not but would have been  in charge of leading his men and even entrusted with the aircraft costing anywhere close to Rs. 130 Cr just after a few months after finishing his training and on his commissioning. The question is will his superiors and subordinates trust him with such costly equipment and with their lives? Well I certainly will not.