AFT Ordered Sukhoi Pilot’s dismissal to release : Need To Reform Military Law

NEW DELHI : More than three years after Flt Lt Ishan Sharan, a Sukhoi Pilot in Indian Airforce was dismissed from service for an affair with wife of a fellow officer, AFT found faults with the proceedings of the enquiry conducted by IAF and directed that his 'dismissal from service' be converted into 'release from service'.

Sqn Ldr Anindita Dasgupta posted at Air Force Station Jodhpur committed suicide on the night of November 27, 2012. She was married to Sqn Ldr Vishak Nair. During inquiry, it was revealed that her marriage was on the rocks as she was in an affair with Flt Lt Sharan. The enquiry resulted the dismisal of Flt Lt Sharan from the service on June 28, 2013.  Bench observed that such cases where relationship been made with mutual consent should not be treated so harshly. Moreover keeping records of concerned officer towards service should not be viewed so seriously as lead to dismissal or even graver punishments that the IPC and statutory Acts of the Army, Navy and Air Force provided for," The bench of Justice Amar Saran and Lt Gen Gautam Moorthy observed on September 14 this year that air force proceeded with single minded intent to dismiss the officer as the case was spoiling the image of service and social moral within the service."While not condoning extra marital relationships, we must, at the same time, reflect upon the changes in our society. With women joining the armed forces in large numbers, working closely and socialising with their male counterparts, it is unreasonable to expect that the armed forces would be immune to social changes in relationships between the two sexes.

"It would be inexpedient and unwise to ask the air force to take a fresh look at the entire episode in the light of the conclusions we have drawn. However, we cannot allow the stigma of dismissal to continue to remain on record given the special circumstances of the case. Hence, we believe that the ends of justice would be adequately served if the dismissal from service of the applicant is converted into release from service" the bench directed.  

Flt Lt Ishan Sharan, an alumonous of RIMC (Rastriya Indian Military college, Dehradoon) who hails from Ranchi was a Topper in 180 Pilot Course and has bagged the Chief of Air Staff's sword of honour. He was emerged as the top pilot in all three streams - Fighters , helicopters and transport. He was inspired to join the IAF by his father Group Captain Pradeep K Sharan. He come in contact with the deceased at Bareilly. They continued to interact with each other even at Jodhpur also. After the husband of the deceased came to know about their illicit relationship through Facebook chat history. Flt Lt Ishan Sharan went on to marry another girl which resulted in pushing Sqn Ldr Anindita Dasgupta into depression. He told IAF Authorities that He has only done the mistake to continue interact with the deceased which was the right thing to do at the time of her distress.

The time has come for reformation in Military Laws governing Indian Armed Forces as the change in the societies go on too. The Armed Forces Act are adapted from the British rules in India. The laws are very strict and has to be amended from time to time. The major areas of focus pertaining to Indian Armed Forces viz. Social media laws, Corruption laws, Butmen system . The increases in Suicide cases, Adulterous activity which downgrade the image of Armed Forces must be dealt as a challenge. The mindset of the Top Brass should be changed and come with a more modern approach to tackle such cases in future.