Archive · 1 Nov 2025
Army Soldiers Accused in Graft Case Seek Transfer to Military Court
Imagine two soldiers who are accused of doing something wrong, like taking a bribe related to a contract.
This contract was for a company to install gates at an army base.
The soldiers are now in a regular court, but they believe they should be tried by their own army judges, not regular judges.
They are using a special army rule that says if soldiers are accused of breaking rules while on duty, the army bosses should decide where they are tried.
The regular court has asked the police to explain why they shouldn't move the case to the army.
The judge will decide in December.
The police think a contractor bribed army officials to get the contract unfairly.
Two Army soldiers, Naik Sandeep Singh Rajput and Havildar Dev Kumar Verma, accused in a graft case, have petitioned the Special CBI Court in Chandigarh.
They are seeking to transfer their case from the CBI court to a military court, citing Section 125 of the Army Act, 1950.
The soldiers argue that as they were on active duty during the alleged offense, military authorities have the discretion to decide the trial forum.
The case involves allegations of a contractor bribing officials to secure a Rs 24.77 lakh contract for supplying and installing equipment at the Indian Army’s Bikaner Cantonment Unit-365.
The Special CBI Court has issued a notice to the CBI for a reply, with the next hearing scheduled for December 3.
- Who
- Two Army soldiers, Naik Sandeep Singh Rajput and Havildar Dev Kumar Verma, along with others including a contractor and defense accounts officials.
- What
- The soldiers are accused of graft in a case involving a contract for supplying and installing equipment at an Army unit. They have filed an application to transfer their case from a CBI court to a military court.
- When
- The case dates back two years, with the FIR registered in June 2023. The alleged offense occurred when the accused were on active Army duty.
- Where
- The alleged corruption racket was unearthed at the Indian Army’s Bikaner Cantonment Unit-365. The application was filed in the Special CBI Court in Chandigarh.
- Why
- The soldiers argue that as they were on active duty when the alleged offenses occurred, the Army Act grants military authorities the discretion to decide the jurisdiction, preferring a trial by court-martial under the Army Act.
Soldiers' Stance
CBI's Stance (Implied)
Jurisdiction for Trial
Soldiers' Stance
As the alleged offenses occurred while on active Army duty, the competent military authority should decide whether proceedings should be instituted before a court-martial under the Army Act, 1950, as this is the proper forum.
CBI's Stance (Implied)
The case should proceed in the Special CBI Court as it is investigating a corruption racket involving both military personnel and civilians in violation of government procurement norms.
Interpretation of Army Act Section 125
Soldiers' Stance
Section 125 of the Army Act grants military authorities the exclusive prerogative to decide the trial forum when both criminal and military courts have jurisdiction.
CBI's Stance (Implied)
The CBI has already filed a chargesheet, indicating their belief in the jurisdiction of the criminal court for the alleged graft involving procurement irregularities.
- Accused Soldiers
- Naik Sandeep Singh Rajput and Havildar Dev Kumar Verma
- Alleged Offense
- Corruption/Graft
- Contract Awarded To
- M K Agency, Chandigarh
- Contract Value
- Rs 24.77 lakh
- Court of Jurisdiction
- Special CBI Court, Chandigarh
- Next Hearing Date
- December 3