Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1954 Army Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Army Rules, 1954:Rr. 37(1) and 37(3)-Recording of satisfaction justifying court martial and signing of convening order-Army Officer-Prosecution-General Court Martial held him guilty-Dismissal from service- Writ Petition by accused alleging violation of Rules 37(1) and 37(3) on the ground that the convening officer did not pass any order to the effect that he was prima facie satisfied that the evidence justified a court martial and the order convening the court martial was signed by an officer other than the officer competent to convene the general court martial-Allowed by High Court-Held, r.37 does not contemplate that the officer who actually convenes the court martial need satisfy himself that the charges framed against the delinquent officer are within the purview of the Army Act and that the evidence justifies a trial by court-martial of such charges-The above satisfaction can be entered by an officer empowered under Section 109 of the Act before the actual convening of court-martial-The officer who records satisfaction under sub-rule (1) and officer who actually convenes court-martial under sub-rule (3) of r.37 can be two different officers, but both must be competent under s. 109 of the Act-The entire proposal for constitution of court martial was approved by officiating General Officer Commanding-Apart from these official records, the officer convening the court martial, in his affidavit specifically stated that he had approved and empowered his Staff Officer to sign the convening order on his behalf-It is satisfactorily proved that sub-rules (1) and (3) of r.37 have been fully complied with- High Court erred in finding that there was violation of r.37-Such finding is without any factual foundation and is reversed- Matter requires to be re-considered by High Court-Judgment of the High Court is set aside-Matter remitted to High Court to be considered on all the points urged by respondent, except his plea regarding the infraction of r.37. Union of India and Ors. v. Harish Chandra Goswami, (1999) 4 SCC 575 and distinguished. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2004 INSC 205 |
Petitioner | Union Of India And Ors. |
Respondent | Gurnam Singh |
SCR | [2004] 3 S.C.R. 494 |
Judgement Date | 2004-03-23 |
Case Number | 1883 |
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