'Ketchup Colonel' Runs From Pillar to Post to Prove Innocence

By Kingshuk Nag

It's one man's battle for honor and for erasing the stigma attached to his name. He is running from pillar to post but although those who should know are aware that he is innocent, they would not admit it publicly. This is the story of Harvinder Singh Kohli who as an Indian Army colonel refused to carry out the orders of his superiors to bump off in an encounter five militants that his men had taken into custody.

Instead, the militants — of the Assam Commando Group and captured in south Assam in August 2003 — were handed over to the civil authorities. But Kohli's bosses would not relent: his immediate superior, a brigadier, told him that "kills" in encounters were important and this is what mattered. If he could not kill anyone, then at least a "fake" encounter should be staged. An NDA cadet and brought up under the culture of obedience, Kohli made, what it seems now, the mistake of his life.

He dressed up five men and made them lie down on the ground. They were sprayed with ketchup and pictures were taken of them. The bosses were happy, so was Kohli. He did not have to kill anybody and his superiors were contented with pictures of the purported kill. Now the bosses, in order to keep the name of the regiment high, cajoled Kohli to recommend gallantry awards for his men (not for himself).

It was at this point that an anonymous complaint brought the lid off. An inquiry followed and then Kohli was court-martialled. At the end of it, he was dismissed. This was in November 2004, a little over a year and three months after that fateful night of August 17-18, 2003, when the fake encounter took place. Also dismissed was a junior of Kohli, the major for whose benefit the colonel had recommended a gallantry medal.

All through his court-marital proceedings, Kohli kept quiet and did not implicate his brigadier. It now transpires that plea-bargaining was going on through Kohli's 'defender', a lieutenant colonel. Kohli was told that if he pleaded guilty he would be left off with a two-year seniority loss. As a result of this, Kohli pleaded guilty, only to be dismissed. Actually Kohli was fooled: he was given to understand that there was plea-bargaining, but on the records of the court-martial proceedings there was no mention of this.

Now Kohli opened up: he contended that the fake encounter had been staged on the orders of his brigadier, S S Rao, and that this was in the knowledge of the brigadier's boss — Major General Ravinder Singh, general officer commanding, 57 Mountain Division. What is more, Kohli submitted taped transcripts of the conversation that he had with the brigadier. Following this, an inquiry was ordered and at the end of the investigation and general court-martial, Brigadier S S Rao was also dismissed from service. Kohli was happy because he had proven his point and looked forward to be reinstated.

But the then chief of the Army staff, who had to confirm the sentence of the general court-martial, let off the brigadier with forfeiture of five years of seniority and a severe reprimand. The major who had earlier been dismissed was also taken back to service after being reprimanded and loss of seniority of five years.

But funnily enough, Kohli was given no relief. The epithet of "Ketchup Colonel" had stuck on him and nobody wanted to reinstate him. After Kohli pleaded for many years, the Army headquarters decided to have a relook at the whole issue and take a holistic view. The matter has now been examined by the Army headquarters and the defence ministry.

The officials have agreed on file that Kohli's contention was valid and that it had been proven that the colonel had acted on the orders of his superiors. Moreover, Kohli had no personal interest in the matter. It also suggested that Kohli should be reinstated with five years' loss of service for the purposes of pension and promotion and a severe reprimand. But nobody is willing to bell the cat and actually order that he be reinstated, the stigma of "Ketchup Colonel" being so severe.