compliance of Rule 33(7) and 34 of the Army Rules;
(2) by denying assistance of civil lawyer, Rule 129 of the Army Rules ... vitiated for non compliance of Rule 34 of Army Rules.
6. With respect to violation of Army Rule 129, it is contended that the petitioner
Rule 129 of the Army Rules and the authority conducting
the Court Martial must ensure compliance of the Rule 129 of the
Army Rules ... procedural requirements prescribed under
Rule 22, 23, 34, 115 and 129 of Army Rules have not been
adhered in 'strict sensu
under Rule 147 of the Army Rules;
(iii) That in the facts of the present case, under Section 120(2) of the Army Act read ... permissible;
(iv) That there was gross violation of Rule 129 of the Army Rules which entitles an accused to the assistance of a Legal Advisor
Army Regulation and Rule No. 27 of the 'Army Rule'. Another contention was raised to the effect that joint trial of the petitioners ... that there was no violation of Rule 129 as urged by the counsel for the petitioners. Rule 129 enabled an accused person to seek advice
provisions of Army Rule 4150 have not been followed and it has also been submitted that as provided under Rule 129 of the Army Rules ... provisions of Army Rule 115 has not been followed.
13. Regarding the plea of following the provisions of Rule 129 which deals regarding the friend
observance of army Rules 22 and 23 and about the breach of Rules 180 and 184. According to the respondents, Army Rules ... friend IC-174591J Major AC Sampath, as provided by Army Rule 129. This would appear from the copy of the convening order Annexure
prescribed under
Army Rule 22 for hearing the charges was followed and
the summary of evidence was recorded in terms of Army
Rule 23. Thereafter ... services of an army officer as friend
of the accused at the trial in terms of Army Rule 129.
During the trial the petitioner after
case, I have stated the
requirement of Rs. 115 and 129 of the army Rules.
The procedure laid down in the said Rules cannot ... required by R.129
WP (C) No.6036 of 2005 Page 6 of 11
of the Army Rules. So the proceedings conducted
cannot be termed
martial is referable to Rule 39(2)
alone which cannot be stretched further to Rule 40(2) of the
Rules. It is contended that ... provisions of
Sections 113 and 129 of the Act and Rules 39, 40 and 102 of
the Army Rules. Appearing for the respondent
exhibit D.3 being against the rule and settled law.
Under para 17 (page 129 of the Army Pension Regulation Book placed on record ... duly constituted medical board or re-survey medical board under the relevant rules. It is conceded that the medical board is headed by the officers
