Armed Forces Tribunal Quashes Court Martial, Orders Reinstatement of IAF Pilot with Full Benefits

The Armed Forces Tribunal (AFT) in New Delhi has set aside the entire General Court Martial (GCM) proceedings against a Flight Lieutenant, acquitting him of all charges and directing his reinstatement in the Indian Air Force with full consequential benefits. The order, issued on June 10 by a bench comprising Justice Shailendra Shukla and Lt Gen P Gopalakrishna Menon, declared the court-martial invalid due to fundamental violations of the Air Force Rules.

The case concerned Flight Lieutenant M P S Godara, who was arrested on May 31, 2016, and held in solitary confinement without being informed of the charges against him. The Tribunal found that the proceedings breached mandatory provisions of the Air Force Rules, amounting to 'illegality resulting in denial of justice'.

Flight Lt Godara, commissioned in June 2009 after training at the National Defence Academy, faced two charge sheets containing 19 charges. He was convicted on 11 counts, including absenting without leave, using criminal force against a superior officer, and theft. In November 2016, he was sentenced to seven years' rigorous imprisonment, cashiering, and forfeiture of pay and allowances. The Air Chief later reduced the term to two years, and he was sent to Central Jail, Bikaner.

The AFT's detailed examination revealed that the trial process was 'fundamentally defective'. The Tribunal noted that the contraventions of the Air Force Rules 'struck at the root' of the proceedings, denying the officer a fair opportunity to defend himself. While the Tribunal did not award damages, its finding that the GCM was illegal effectively invalidated the conviction.

Godara's petition detailed systematic harassment, including being blindfolded, handcuffed, beaten, and paraded naked. He also cited his family's distinguished service, noting his grandfather was among the first Aides-de-Camp to India's first President, his brother is a naval fighter pilot, and his wife is a decorated officer who commanded a Republic Day parade contingent.

The AFT order directs the Indian Air Force to reinstate Godara with full benefits, including rank, seniority, promotions, and back wages. The judgment underscores the importance of adhering to procedural safeguards in military justice.