The separation of investigative and prosecutorial roles is essential to ensure a fair trial, and thus an investigating officer cannot act as a prosecutor in the same case before a Court-Martial.

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 to Indian Naval Hospital Ship Sanjivani and presently borne on the books of Indian Naval Ship Venduruthy, being a person subject to Naval Law is charged for that he:-

(a) Between 30 Apr 21 to 07 May 21, guilty of cheating Surg Lt. M.Balachandran (76581Y) in that he dishonestly induced the said officer to transfer a sum of Rs.1,10,595/-(Rupees One Lakh Ten Thousand Five Hundred and Ninety Five only) to his HDFC bank account no.00721150002065 for returning the unspend amount to Govt through MRO, with the intention of not doing the same and thereby committed an offence punishable under Section 420 of Indian Penal Code, 1860 read in conjunction with Section 77(2) of the Navy Act, 1957.

(b) Between 30 Apr 21 to 07 May 21, guilty of cheating Surg Lt. Emil Andrews (76582Z) in that he dishonestly induced the said officer to transfer a sum of Rs.1,11,039/- (Rupees One Lakh Eleven Thousand and Thirty Nine only) to his HDFC bank account no.00721150002065 for returning the unspend amount to Govt through MRO, with the intention of not doing the same and thereby committed an offence punishable under Section 420 of Indian Penal Code, 1860 read in conjunction with Section 77(2) of the Navy Act, 1957.

(c) Between 24 Mar 21 to 01 May 21, guilty of cheating Surg Lt. KS Sheshan (76585F) in that he dishonestly induced the said officer to transfer a sum of Rs.1,11,396/- (Rupees One Lakh Eleven Thousand Three Hundred and Ninety Six only) to his HDFC bank account no.00721150002065 for returning the unspend amount to Govt through MRO, with the intention of not doing the same and thereby committed an offence punishable under Section 420 of Indian Penal Code, 1860 read in conjunction with Section 77(2) of the Navy Act, 1957.

(d) Between 11 May 21 to 15 May 21, guilty of cheating Surg Lt. Chandu S. Raj (76594A) in that he dishonestly induced the said officer to transfer a sum of Rs.1,12,459/- (Rupees One Lakh Twelve Thousand Four Hundred and Fifty Nine only) to his HDFC bank account no.00721150002065 for returning the unspend amount to Govt through MRO, with the intention of not doing the same and thereby committed an offence punishable under Section 420 of Indian Penal Code, 1860 read in conjunction with Section 77(2) of the Navy Act, 1957.

(e) Did on 03 May 21, in his capacity as ALOGO (Pay) of INHS Sanjivani, forge MRO No 0013 iro Surg Lt. M.Balachandran (76581Y) for a sum of Rs.10,595/- (Rupees Ten Thousand Five Hundred and Ninety Five Rupees only) by adding numeral '1' and words 'one lakh' to the description of the amount, respectively in the individual copy of MRO for the unspend amount of Ty Duty, intending that it shall be used for the purpose of cheating and thereby committed an offence punishable under Section 468 of Indian Penal Code, 1860 read in conjunction with Sectio