The Armed Forces Tribunal on Wednesday refused to grant interim relief to Lt Gen P K Rath seeking a stay on the summary of evidence proceedings against him in the Rs 300 crore Sukna land scam case.
Tribunal Chairman Justice A K Mathur dismissed Rath's petition and allowed the ongoing proceedings against him for issuing no objection certificates to a private realtor for building an educational institute on a 70-acre piece of land adjacent to the Sukna military station in West Bengal.
Unsatisfied by Tribunal's decision, Rath's counsel Ajit K Singh told PTI, "We are now planning to go to the Supreme Court."
Lt Gen P K Rath, former 33 Corps Commander, had filed a petition in the Tribunal seeking a stay on the summary of evidence on the ground that the court of inquiry in the case was still on.
Under the summary of evidence, statements of witnesses are recorded before initiating the court martial procedures against personnel. Seeking immediate stay on the proceedings against Rath, his counsel pleaded that the army had started recording the summary of evidence in the case from Friday at the Eastern Command headquarters in Kolkata, which was 'wrong' as the COI was still on.
Rath had earlier also filed a petition in the Tribunal but withdrew it after it ordered reconvening of the COI in former military secretary Lt Gen Avadesh Prakash's case allowing him to cross-examine six witnesses.
"We had withdrawn the previous petition as we thought that we would also get a chance to present our side during cross-examining by Prakash but they are now continuing with the court martial proceedings against us," Rath's counsel said.
Rath has been attached to the Eastern Command in Kolkata after the army chief decided to initiate disciplinary action against him in the land scam.
