Supreme Court - Daily Orders
Hav. Sham Dass D. vs Union Of India on 11 July, 2018
Bench: Rohinton Fali Nariman, Indu Malhotra
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2018
(D.NO. 14045/2018)
HAV. SHAM DASS D. Appellant (s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
Application seeking leave to appeal is allowed. Heard the learned counsel for the parties. In the absence of any challenge to Rule 147(A) of the Army Rules, 1954, we may only clarify that every single relevant document pertaining to the appellant’s termination will be allowed to be inspected as per the Rule.
We make it clear that no document shall be allowed to be denied to the appellant on the so-called ground of national security.
We also make it clear that, equally, the appellant has to follow the drill of Rule 147 and execute the necessary undertaking.
The appeal is disposed of in the aforesaid terms. Pending application stands disposed of.
.......................... J.
(ROHINTON FALI NARIMAN) Signature Not Verified Digitally signed by R NATARAJAN Date: 2018.07.12 16:27:39 IST Reason: .......................... J.
(INDU MALHOTRA) New Delhi;
July 11, 2018.
ITEM NO.3 COURT NO.9 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEAL Diary No(s). 14045/2018 (Arising out of impugned final judgment and order dated 14-12-2017 in OA No. 685/2015 passed by the Armed Forces Tribunal) HAV. SHAM DASS D. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.67088/2018-SUSPENSION OF SENTENCE and IA No.67087/2018-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007 ) Date : 11-07-2018 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MS. JUSTICE INDU MALHOTRA For Petitioner(s) Mr.Shree Prakash Sinha, Adv.
Mr. Anand Kumar, Adv.
Mr. Rakesh Mishra, Adv.
Ms. Mohua Sinha, Adv.
Mr. Shekhar Kumar, AOR For Respondent(s) Mr. R. Balasubramanian, Adv.
Mr. Sachin Sharma, Adv.
Mr. Arvind K. Sharma, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)