Ex- Brigadier jailed for graft

A retired Brigadier, who took part in the Kargil War, was sentenced to rigorous imprisonment of two years

A retired Indian Army Brigadier, who took part in the Kargil War in 1999, was sentenced to rigorous imprisonment of two years by a special CBI court, which also slapped a fine of ` 5 lakh on him for acquiring disproportionate assets to the tune of ` 68,09,969.

The court sentenced Brigadier Samir Baron Ray ( Retd), but acquitted his wife Asha Ray in the same case. The court noted that as per Rule 343 in Defence Service Regulations, ( Regulations for the Army) Vol. 1 Part- 2, Discipline, all officials were forbidden from acquiring and disposing of any movable or immovable property by lease, mortgage, purchase, sale, gift, or otherwise in their own names or in the name of any member of the family. Brigadier Ray ( Retd) was getting extra income from dealing in real estate and getting rent from property. However, he did not declare these in his income- tax returns.

“I consider that the accused had failed to prove that he had taken permission or had intimated about the acqui- sition of the properties to the department,” the court said while sentencing him.

The defence counsel, appearing for the accused, had urged the court to take a lenient view towards the convict as he had served the Indian Army for 33 years and had an unblemished record and was judged outstanding in most of his annual confidential reports. The defence counsel argued that Brigadier Ray ( Retd) had taken part in the war of Kargil in 1999 and had done a lot of welfare work in the Army. “The job of sentencing a convict after his conviction is very delicate task. On one hand, the mitigating circumstances of an individual are pleaded and on the other hand, the interest of the society at large is placed. The court has to balance the interest of an individual and interest of the society at large,” the court said.