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A.P. SEN AND M.N. VENKATACHALIAH, JJ.
Civil Appeal No. 2630 of 1987 (arising out of Spl. Leave Petn. No. 10899 of 1986), D/- 15-10-1987.
Ranjit Thakur, Appellant
Versus
Union of India and others, Respondents.
Indian Army Act, 1950 - Section 130, 164, 130(1), 41, 34 to 68, 41(2) – Constitution Of India, 1950 - Article 14 - Army Rules 1954 - Rules 106 to 133 - Armed Services - Rigorous Imprisonment - Appellant, joined Armed Services and was, at relevant time, a Signal Man in "4, Corps Operating Singal Regiment" - Apparently, appellant had not commended himself well to respondent No. 4, who was commanding officer of regiment - Appellant was already serving out a sentence of 28 days rigorous imprisonment imposed on him for violating norms for presenting representations to higher officers - Appellant is stated to have sent representation complaining of ill-treatment at hands of respondent 4 directly to higher officers - Appellant was punished for that by respondent 4 - Appellant was held in Quarterguard Cell in handcuffs serve that sentence of rigorous imprisonment - Whether a lesser punishment was warranted was engaging attention of appropriate authorities – Held, Judicial review generally speaking, is not directed against a decision, but is directed against "decision making process" - Question of choice and quantum of punishment is within jurisdiction and discretion of Court-Martial - But sentence has to suit offence and offender - It should not be vindictive or unduly harsh - It should not be so disproportionate to offence as to shock conscience and amount in itself to conclusive evidence of bias - In present case punishment is so strikingly disproportionate as to call for and justify interference - It cannot be allowed to remain uncorrected in judicial review - In result, for foregoing reasons, order of High Court set aside, writ petition preferred in High Court allowed and impugned proceedings of Summary Court-Martial and consequent order and sentence are quashed - Appellant is entitled to and shall be reinstated with all monetary and service benefits - Appeal allowed.
Certainly. Based on the provided legal document, here are the key points summarized:
The case involves a challenge to the proceedings and sentence imposed by a Court-Martial under the Indian Army Act, 1950, specifically regarding procedural safeguards and the fairness of the trial process (!) (!) (!) .
The appellant, Ranjit Thakur, was serving in the armed forces and had already been serving a sentence of imprisonment when he committed another offence, which led to the Court-Martial proceedings and the imposition of a one-year rigorous imprisonment and dismissal from service (!) (!) .
The appellant contended that the Court-Martial proceedings were vitiated due to non-compliance with procedural safeguards, particularly the requirement that the accused be asked whether they object to any member of the Court-Martial, which was not done in this case (!) (!) .
The proceedings were also challenged on the grounds of bias, especially because a key member of the Court-Martial participated in and dominated the proceedings, which compromised the impartiality required for a fair trial (!) (!) .
It was argued that the appellant, while serving a sentence, was not in "active service," and thus, disobedience of lawful commands under the relevant section of the Army Act was not applicable (!) (!) .
The appellant's refusal to eat food was contested as potentially amounting to disobedience, but the courts did not need to decide this issue definitively due to other procedural irregularities (!) (!) .
The court emphasized that procedural safeguards are crucial, especially given the severe consequences of a Court-Martial, and non-compliance with these safeguards, such as the requirement to ask for objections to members, invalidates the proceedings (!) (!) .
The issue of bias was critically examined, with the court ruling that participation of a biased member renders the proceedings null and void, as it violates the fundamental principles of fairness and impartiality (!) (!) .
The court acknowledged that even when a person is not in active service, they remain subject to the Army Act, and disobedience can be considered under the law, but the severity and context are important (!) (!) .
The proportionality of the punishment was scrutinized, and the court found that the sentence was disproportionately harsh relative to the offence, which justified intervention and correction (!) (!) .
As a result, the court set aside the order of the High Court, quashed the proceedings and sentence, and directed the appellant to be reinstated with all benefits, emphasizing the importance of procedural fairness and proportionality in military trials (!) (!) .
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Judgement
VENKATACHALIAH, J.:- This appeal, by special leave, preferred against the order dated July 3, 1986, of the Division Bench of the Patna High Court in C.W.J.C. No. 2823 of 1986 raises a substantial question as to the scope and content of the procedural safeguards in Section 130 of the Indian Army Act, 1950 (Act) in the conduct of the CourtsMartial.
The High Court dismissed, in limine, the appellants writ petition, under Article 226, challenging the proceedings dated March 30, 1985, of the Summary Court-Martial imposing the punishment of dismissal from service and a sentence of a years rigorous imprisonment on the appellant.
2. Appellant, Ranjit Thakur, joined the Armed Services on September 7, 1972, and was, at the relevant time, a Signal Man in "4, Corps Operating Singal Regiment." Apparently, appellant had not commended himself well to respondent No. 4, who was the commanding officer of the regiment. On March 29, 1985, appellant was already serving out a sentence of 28 days rigorous imprisonment imposed on him for violating the norms for presenting representations to higher officers. Appellant is stated to have sent representation complaining of ill-treatment at the hands of respondent 4 directly to the higher officers. Appellant was punished for that by respondent 4. Appellant was held in the Quarterguard Cell in handcuffs serve that sentence of rigorous imprisonment.
3. While so serving the sentence appellant is stated to have committed another offence on March 29, 1985, for which the punishment now impugned was handed down by respondent 4. The nature of this offence had better be excerpted from the charge-sheet itself:
"The accused No. 1429055M Signalman Ranjit Thakur of 4 Corps Operating Signal Regiment is charged with-
Army Act Section 41(2) Disobeying a lawful command given by his superior officer. In that he at 15.30 hrs. on 29-5-1985 when ordered by JC 106251P Sub Ram Singh, the Orderly Officer of the same Regiment to eat his food did not do so.
To try this offence a Summary Court-Martial was assembled the very next day i.e. March 30, 1985. Respondent 4 and 2 others were on the Court-Martial. Some witnesses were examined. Appellant is stated to have pleaded guilty. A sentence of rigorous imprisonment for one year was imposed in pursuance of which appellant was removed immediately to the civil prison at Tejpur to serve out the sentence. Appellant has served out the sentence. He was also dismissed from service. with the added disqualification of being declared unfit for any future civil employment. The representation of the appellant to the confirming-authority under S. 164 of the Act was rejected by General Officer Commanding on 24-5-1985.
The High Court, however, persuaded itself to dismiss, in limine, appellants writ petition challenging the proceedings of the Summary Court-Martial.
4. We have heard learned counsel on both sides. The matter was adjourned on two earlier occasions on the submission of the learned Additional Solicitor General, that the question whether a lesser punishment was warranted was engaging the attention of the appropriate authorities. Apparently, nothing came out of it.
The submissions of Shri Sinha, in support of the appeal, admit of being formulated thus :
(a) (i) The proceedings of the Court-Martial are vitiated by non-compliance with the mandate of S. 130(1) of the Act in that the Summary Court-Martial did not afford to the appellant an opportunity to chIlenge its constitution as required by that section;
(ii) The proceedings of the Court-Martial were vitiated by bias on the part respondent 4 who participated in and dominated the proceedings;
(b) Inasmuch as the appellant was then serving a sentence of rigorous imprisonment, he was not in "active service" and that no question of disobeying any lawful command could at all arises.;
(c) Appellants refusal, while serving a sentence to accept food did not amount to disobedience, under S. 41, of any lawful command of a superior of
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