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2006 Supreme(Raj) 2229

S.N.JHA
Ajay Rastogi – Appellant
Versus
Roop Singh – Respondent


Advocates Appeared:
Mr. Rajendra Prasad, for the Petitioners.
Mr. K.K. Sharma, for the Respondents.

Judgment

S.N. Jha, CJ.-In these seven writ petitions, the petitioners, ex-army personnel, are aggrieved by the punishment awarded to them in Court Martial proceeding. They also seek to challenge the validity of the provisions relating to summary Court martial under the Army Act, 1950 and the Army Rules, 1954. As vires has been challenged in all the petitions, they were heard together.

2. In Writ Petition No.2490/1987 petitioner Roop Singh was found by the Duty Officer running from the direction of out-of -bound area at about 00.30 hours in the night of 17/18 May, 1987 when he was supposed to be on sentry duty for which he was tried by summary Court martial for committing an act prejudicial to good order and military discipline under Section 63 of the Army Act. Before being subjected to Court-martial, summary of evidence was recorded in presence of an independent witness, the charge and names of witness were made known to him. The petitioner refused to accept copy of the charge-sheet and the summary of evidence. During summary Court-martial proceedings, in the circumstances, charge was read over to him in presence of two witnesses. On completion of the proceedings, he was sentenced































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