Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Army Rules, 1954 – r.129 – Benefit of legal advise under –Entitlement to – Appellant, Sepoy in the Indian Army was dismissedfrom service by Summary Court Martial – Challenged before ArmedForces Tribunal (AFT) – Dismissed – Plea of appellant that he wasentitled to the benefit of legal advise u/r.129 of the 1954 Rules whichhe was denied on the ground that legal assistance could beadmissible only where the offence was punishable with death – Held:Rule 129 indicates that in Summary Court Martial, the accused mayhave a person to assist him during the trial, whether a legal adviseror any other person – Expression ‘may’ must be read to mean thatthe person who is proceeded against has the option on whether ornot to engage a legal advisor or any other person – It represents anentitlement to be represented – In view of the specific provisions ofr.129, the Commanding Officer was evidently in error in decliningthe assistance of a lawyer to the appellant – There was a clearviolation of the principles of natural justice – Prejudice too is evident– Appellant was dismissed from service and sentenced to six months’imprisonment – Both his livelihood and liberty were taken away –Judgment of AFT set aside – Armed Forces – Service Law – ArmyRegulations – Regulation 479 – Doctrines/Principles – Principlesof Natural Justice . |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1182 |
Petitioner | Jaswant Singh |
Respondent | Union Of India And Anr. |
SCR | [2018] 13 S.C.R. 1312 |
Judgement Date | 2018-12-10 |
Case Number | 6886 |
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