Judgement

Appeal (No. 30 of 1945), by leave of the Federal Court of India, from a judgment of the Federal Court (November 20, 1944) which dismissed the appellants appeal from a judgment of the High Court at Lahore (April 24, 1944) which dismissed the appellants petition praying for a writ in the nature of habeas corpus for his release from imprisonment. The appellant had been sentenced by Field General Court-Martial to be cashiered and to undergo two years imprisonment with hard labour.

The following facts and relevant statutory provisions are taken from the judgment of the Judicial Committee. The appellant was, at the date of his conviction by court-martial, an officer of His Majestys Forces, holding the temporary rank of Major in the Royal Engineers. He had enlisted in the United Kingdom in October, 1939, and had subsequently been commissioned and posted to India in the Royal Engineers in 1940. At the time of the events which gave rise to his trial by court-martial the appellant was attached to a unit of the Indian Engineers. He remained, however, subject to the Army Act. He was charged before a Field General Court-Martial at Lahore on October 12, 1943, on four charges, framed un