Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Army Act 1950 — ss.116 and 120 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Army Act, 1950 — ss.116 and 120 -— Summary Court Martial (SCM) — Whether can be convened, constituted and completed by the Commanding Officer (CO) of the Unit other than the present Unit of the accused (i.e. the Unit to which the accused is attached) — Delhi High Court dismissed the writ petitions of the accused on the ground of competence of the CO as the SCM were convened, constituted and completed by the CO of the Unit other than the present Unit of the accused — Rajasthan High Court dismissed the cases of accused deciding the cases on merit — On appeal, held: It is not imperative that an SCM can be convened, constituted and completed by the CO of the Unit to which the accused belonged — It is competent and permissible for the CO of the Unit to which the accused was attached or sent on attachment for the purpose of trial — If the offence is linked to the Unit to which the accused is attached, the CO of the attached Unit is competent to convene, constitute and complete SCM, being in seisin of the matter - CO of the parent Unit has nothing to do in such case — The matters arising out of order of Delhi High Court are remanded to decide the case on merit — Other matters are liable to be dismissed — Army Rules, 1954 — rr. 39, 133 and 146 — Defence Service Regulations — Regns, 9 and 381, |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2016 INSC 495 |
Petitioner | Union Of India & Ors. |
Respondent | Vishav Priya Singh |
SCR | [2016] 5 S.C.R. 473 |
Judgement Date | 2016-07-05 |
Case Number | 8360 |
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