Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence of imprisonment Pre-trial detention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Air Force Act, 1950: s. 164 - Sentence of imprisonment - Commencement of - Pre-trial detention - Claim for setting if off against imprisonment - Held: s. 164 makes it clear that period of commencement of imprisonment is to be reckoned to commence on the day on which original proceedings were signed by Presiding Officer- Pre-trial detention cannot be set off against sentence of imprisonment passed by court martial - Therefore, there is no illegal detention warranting issue of writ of habeas corpus - Keeping in view the amendments made in this regard in Army Act and Navy Act, Union of India may seriously consider to bring a similar amendment in Air Force Act also - Legislation - Need for- Army Act, 1950 - s.169-A - Navy Act, 1957 - s.151- Constitution of India, 1950 - Art. 32 - Writ of habeas corpus.The petitioner, as a Mechanical Transport Driver in the Indian Air Force, was found guilty of unauthorized absence and was imposed the sentence of rigorous imprisonment for three months u/s 39(a) of the Air Force Act, 1950, apart from dismissal from service and reduction in rank. The order was affirmed by competent authority. In the instant writ petition, the petitioner prayed for issue of a writ of habeas corpus directing the respondents to release him as he continued in illegal detention because he had already spent one and half months in custody before the conviction was recorded by the court-martial. The question for consideration before the Court was: "whether the period of custody prior to the date of passing and signing of the order by the district court martial is to be set off in respect of the sentence imposed." |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 350 |
Petitioner | Samrendra Beura |
Respondent | U.o.i. & Others |
SCR | [2013] 3 S.C.R. 781 |
Judgement Date | 2013-05-20 |
Case Number | 78 |
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