Judgment :-

Dr. Mukundakam Sharma, J.

This appeal is directed against the judgment and order dated 10.03.2003, passed by the Division Bench of the Delhi High Court setting aside the quashing the order of convening the General Court Martial. While doing so and coming to the conclusions leading to the said order the High Court applied the ratio of the decision of this Court in Union of India & Ors. vs. Harish Chandra Goswami, reported in AIR 1999 Sc 1940. While allowing the aforesaid writ petition, the High Court has observed in paragraph 4, in the following manner:

"We have given ample opportunities to the respondents to produce the records as to whether the convening order passed by Maj. Mehta was passed after the same was endorsed by the Major General concerned, so that it could have been observed whether the competent authority under the law has applied its mind before convening the General Court Martial or not. In spite of various opportunities granted to the Respondents, the respondents have not been in a position to produce the records before us."

2. When the present appeal is taken up for final hearing and on our query, it is pointed out that the records of the Convening Auth