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2001 Supreme(SC) 143

B.N.AGARWAL, G.B.PATTANAIK
UNION OF INDIA – Appellant
Versus
P. CHANDRA MOULI – Respondent


( 1 ) THESE appeals by the Union of India are directed against the orders passed by the learned Single Judge of the Gauhati High Court, and upheld by the Division Bench of the said High Court. The respondents were members of GREF and they led a demonstration for a considerable period for which they were arrested on 15-12-1979 and they were court-martialled in court martial proceedings. All three of the respondents were convicted, but while one of them was sentenced to RI for 30 months, two others were sentenced to ri for 18 months. Assailing the proceedings under court martial they filed a writ petition in the High Court. The High Court dismissed the writ petition and upheld the conviction recorded by the competent authority under court martial. But the High Court, however, observed that it would be open for the delinquent to apply to the competent authority for remission of the remaining part of the sentence. The respondents assailed the order of the High Court upholding the conviction by filing a special leave application in this Court which was ultimately dismissed by an order dated 2-7-1994. Pursuant to the observations of the learned Single Judge of the Gauhati High Court, the


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