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2023 Supreme(Online)(DEL) 18675

HIGH COURT OF DELHI
MANOJ KUMAR – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek a direction to stop and transfer the Court Martial proceedings being conducted by respondent No.3 to some other officer. Petitioners also seek a mandamus to conduct Court of Inquiry against certain other individuals.

2. Learned counsel for petitioners submits that petitioners are innocent and they are being tried by a Summary Court Martial on account of certain evidence provided by individuals, which is false. He submits that petitioners have sufficient material to prove their innocence and also prove that others are guilty. He submits that when petitioners wanted to provide the said evidence to the inquiry authority, same was not accepted. He further submits that petitioners may be permitted an opportunity to summon their defence witnesses and engage a civilian counsel.

3. Learned counsel for respondents submits that Summary Court Martial in respect of petitioners-Manoj Kumar and Raghuraj Singh is yet to commence and in respect of petitioner-Arun, the prosecution witnesses are being examined. He further submits that a Signature Not Verified Digitally Signed communication has already been issued to the petitioners to provide list

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