The Armed Forces Tribunal (AFT) in New Delhihasset aside the entire General Court Martial (GCM) proceedings against a Flight Lieutenant, acquitted him of all charges, and directed his reinstatement in the Indian Air Force with full consequential benefits, including rank, seniority, promotions, and back wages.
The order was pronounced on June 10 by Justice Shailendra Shukla and Lt Gen P Gopalakrishna Menonof AFT Principal Bench,based on a petition by Flight Lieutenant M P S Godara, who was “illegally” arrested on May 31, 2016, and docked inside a detention cell by his Commanding Officer without informing him or his familythe reason for his arrest.
The orderdeclared the court-martial proceedings of Godara“invalid” due to fundamental violations of the Air Force Rules. These breaches, the Tribunal held, went beyond mere procedural irregularities and amounted to “illegality resulting in denial of justice to the applicant.”
Flt Lt Godara joined the National Defence Academy (NDA), Khadakwasla, and was commissionedin the Indian Air Force in the Flying Branch in June 2009.
According to Godara, he was kept in solitary confinement without being subjected to a trial.
He said the atrocities inflicted upon him by the Air Force far exceed common sense and ordinary logic, and the “physical and mental cruelty he endured has left deep, permanent trauma on his mind, body, and soul”.
He mentioned in his petition that his grandfather was the first Aides-de-Camp (ADCs) to the first President of India, his brother is a fighter pilot in the Navy, and his wife is the first WomanOfficer in the history of Indiato command a Republic Day Parade contingent and also became the first woman to assist the Prime Minister in unfurling the National Flag at the Red Fort on Independence Day.
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He also stated in his petition that he was systematically harassed, humiliated, victimised, pressurized, and persecuted. “During custody, he wasblind folded, handcuffed, brutally beaten,paraded naked inside Air Force Station,” the AFT order noted, quoting Godara’s petition.
Held guilty of 11 charges out of 19
When he wasserving with 2226 Squadron at Air Force Station Sheva (Navi Mumbai) and attached to 26 Wing, Thane, he faced two charge sheets containing 19 charges. His trial held him guilty of 11 charges out of the 19.
These included multiple instances of absenting without leave (AWL), neglecting duties as Duty Officer, using criminal force on a superior officer by allegedly hitting and strangulating a Squadron Leader, willful defiance of lawful commands to eat food while under close arrest, resisting escorts while under close arrest, using threatening language, theft of property from the Officers’ Mess and government, making a false accusation against the unit medical officer and attempting to escape from lawful custody.
7 years’ rigorous imprisonment in 2016
The GCM held from November 2016 found him guilty on several counts. He was sentenced to seven years’ rigorous imprisonment, cashiering, and forfeiture of pay and allowances. The Air Chief later remitted five years of RI, reducing the prison term to two years. The sentence was promulgated on April 15, 2017, and Godara was sent to Central Jail, Bikaner.
A flawed process that destroyed a career
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What the AFT’s detailed examination revealedwas not just disputed facts on the merits of the charges, but a trial process so fundamentally defective that it could not be allowed tostand. The Tribunal explicitly held that the GCM contravened mandatory provisions of the Air Force Rules in a manner that “struck at the root” of the proceedings and denied the officer a fair opportunity to defend himself.
Godara had alleged systematic harassment, victimization, and a predetermined, mala fide campaign by certain superiors. While the Tribunal did not award damages or issue strictures, its finding that the GCM itself was illegal effectively vindicated the core of his grievance-that the Indian Air Force had subjected him to an unfair trial that resulted in wrongful conviction, two years in civil prison, loss of his flying career, forfeiture of pay, and severe damage to his reputation and family life.
The petition by Godara was filed in 2017,heard over the years, transferred, and finally decided after directions from the Delhi High Court.
In its operative order, the AFT directed that the entire GCM and conviction be set aside. Godara stands discharged/acquitted of all charges, immediate reinstatement into the IAF with full consequential benefits, pay and allowances (including refund of Flying Pay), rank, promotions, seniority, and back wages (without interest), implementation of the orders within three months, and a fresh medical board to assess his current medical category.
