Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Navy Act 1957 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Military Laws: Navy Act, 1957-Sections 97, 101, 102, 162 and 163-Court Martialproceedings-Conviction-Objection as to competency of members of CourtMartial proceedings to act as impartial judge-Trial Judge Advocatedisposing of the objection himself without referring to the members of CourtMartial-Justification of-Held: Court Martial proceedings vitiated for notreferring the objections since in terms of mandatory provision of Section 102,trial Judge Advocate should not have disposed of the objection himself-Since accused did not challenge the ruling of trial Judge Advocate after anintermediate stage of proceedings it cannot be said that he waived his rightto raise the objection-Court Martial proceedings being nullity, evidencerecorded before it having no sanctity in law, the finding recorded by HighCourt that there was no legal evidence to support charges levelled againstthe accused and he was entitled to benefit of doubt set aside-Whether ornot to continue the .Court Martial proceedings from the stage of Section 102,is left to the authorities concerned |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2003 INSC 254 |
Petitioner | Union Of India And Ors. |
Respondent | Shivendra Bikaram Singh |
SCR | [2003] 3 S.C.R. 881 |
Judgement Date | 2003-04-24 |
Case Number | 821 |
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