Mr.John P.Mathew vs Union Of India on 28 April, 2025
19. In the instant case, after a full fledged trial before the Court
Martial and findings rendered, the petitioner has raised the contention
with regard to non-compliance of Rule 180 for the first time. The effect
of such contention on the findings of the Court Martial has been dealt by
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W.P.No.26062 of 2018
the Hon'ble Supreme Court in the case of Union of India and Others Vs.
Ex.No.3192684 W.Sep.Virendra Kumar, reported in (2020) 2 SCC 714.
In the said judgment, it is held that if the accused raised the ground of
non-compliance of Rule 180 of the Army Rules during recording of
summary of evidence, the authorities have to rectify the defect as
compliance with the procedure prescribed under Rule 180 of the Army
Rules.