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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Santosh Karwade, S/o Late Mr.Sitaram Karwade – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner challenges court-martial trial under navy act. (Para 1 , 2 , 3) |
| 2. petitioner alleges unfair trial and seeks multiple declarations. (Para 4 , 5 , 6) |
| 3. procedure and roles under navy regulations are distinct. (Para 10 , 11 , 12 , 40) |
| 4. article 33 limits applicability of fundamental rights for military personnel. (Para 14 , 15 , 16) |
| 5. importance of fair trial in military law and implications of dual roles. (Para 25 , 26 , 28) |
| 6. conclusion on constitutionality of regulation 178(3) and roles of officers. (Para 41 , 44) |
JUDGMENT :
KAUSER EDAPPAGATH, J.
The petitioner, a Navy personnel with 31 years of service, challenges the trial held against him by the Court-Martial under the Navy Act, 1957 (for short, the Navy Act), in this writ petition filed under Article 226 of the Constitution of India.Factual Background
2. The petitioner joined the Indian Navy as a Sailor in July 1993. He currently holds the rank of Master Chief Petty Officer, Logistics (Finance & Administration), First Class.
3. A Court-Martial was convened under the Navy Act to try the petitioner on the following charges:
“The accused Santosh Karwade, MCPO LOG (F&A) 1, 179845R, Indian Navy then belonging
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