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This is the first time in the history of independent India that so many senior Army officers are facing disciplinary proceedings that could lead to court martial, say serving and retired Army officers.
Once the court of inquiry establishes guilt, court martial proceedings could begin against them, setting a new precedent in military history.
The officers believe that there has never been so many senior officers -- three major generals, a brigadier and a colonel -- put on the mat for indiscipline; here blatant corruption.
Once the inquiry announced on Wednesday establishes the charges against them, the Army will call for summary evidence and then court martial proceedings will begin. The court martial could end in their discharge or conviction.
A court martial can award a host of punishments, with the maximum being death penalty.
A shaken Army establishment admits that it would be the first time that so many senior Army officers would be subject to an inquiry and disciplinary proceedings. "The last time we had a senior Army officer leaving the service in humiliation was when Lt Gen Masih, GOC 14 Corps, was asked to leave for stealing the affections of a fellow officer's wife," pointed out a senior Army officer. It was last year, after he took over as chief of the newly created 14 Corps, which looks after the Kargil heights, that Lt General Masih left army.
In fact in recent times, there have been occasions when senior Army officers quit service on being issued show-cause notices. During General S F Rodrigues's tenure as Army chief in the late 80s, a couple of officers of major general rank quit after they were asked to do so by the Army headquarters for stealing the affections of fellow officer's wives.
In 1992, a lt general who was commanding a Corps, resigned after being issued a show-cause notice for dereliction of duty and financial irregularities.
"However, this is the first time the Army would be acting against so many senior officers at one go," said a senior Army official.
The last time, there was a court martial against a senior general in the wake of the 1971 war, said Lt Gen (retired) V K Sood. He pointed out that a major general was court-martialed and cashiered [dismissed with disgrace].
A senior Army officer recalled it was Major General Hardev Singh Clair who was cashiered after the Indo-Pak war of 1971.
Gen Sood pointed out that if the court of inquiry found prima facie evidence against the five Army officers, the Army headquarters will carry out the "summary of evidence". That evidence will be scrutinised by legal experts.
Once the experts are satisfied, the Army will begin the court martial. They could be convicted or set free by the court martial, General Sood said. But, the punishment handed over to the officers will have to be confirmed by the higher authorities before being implemented, he said.
The court martial, which holds all powers of a sessions judge, can even sentence an officer or soldier to death.
However, several judgments by Army courts have been overturned by high courts. The most famous being the Samba spy case. The Delhi High Court recently delivered a damning order against the Army for high-handedness and rash manner of investigation and judgment.
You may also want to read The Samba Case, the Indian army's darkest chapter HC clears all army officers in the Samba spy case
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