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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Muralidharan B (NB SUB) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. withdrawal of petition with liberty (Para 2 , 14) |
| 2. petitioner's background and charges (Para 3 , 4 , 5 , 6) |
| 3. legality of plea of limitation in proceedings (Para 8 , 9 , 10) |
| 4. constitution of jurisdiction with aft (Para 11 , 12) |
ORDER
[VIA VIDEO CONFERENCING]
C.M.Nos. 19655/2021 & 19656/2021 (both for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The applications are disposed of.
W.P.(C) 6204/2021 & C.M.No. 19654/2021 (for stay)
3. The petitioner, a Naib Subedar in the respondents Indian Army, has filed this petition (i) seeking direction to the respondents Indian Army to place on record the order dated 29th June, 2021 passed by the General Court Martial convened against the petitioner; (ii) seeking declaration that the charges levelled against the petitioner vide charge sheet dated 24th May, 2021 are time-barred; (iii) impugning the order dated 25th May, 2021 convening the General Court Martial, the charge sheet dated 24th May, 2021 and the order dated 29th June, 2021 aforesaid; and, (iv) seeking direction for termination of the General Court Martial proceedings against the petitioner.
4. On the complaint made in April, 20
The court affirmed that jurisdiction over General Court Martial lies with the Armed Forces Tribunal, and unchallenged prior decisions necessitate adherence to established legal processes.
The principle of finality of decisions by a competent tribunal and the inability to re-litigate the same issue in subsequent proceedings.
The court established that procedural fairness requires a party to have a full opportunity to present their case, without being bound by prior prejudicial findings during ongoing proceedings.
Power of judicial review in matter of disciplinary proceedings is extremely limited – It is circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or v....
A valid conviction in a military trial, even if unconfirmed, prohibits retrial under the Air Force Act.
The High Court may dismiss petitions rendered moot by subsequent actions, allowing parties to seek remedies in appropriate forums.
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