Chowdhury, J.
1. The findings and sentence passed by the General Court Martial (GCM in short) is the subject-matter of challenge in this proceeding ... appearing on behalf of the petitioner, challenged the legality of the Court martial proceedings on two grounds Firstly, that the petitioner was tried
stand on the same footing as do the proceedings of a Court Martial. Hence, the judicial pronouncements, which have been rendered on the scope ... juridical review of the findings of the General Court Martial, would apply with equal vigour to the proceedings of a General Security Force Court (GSFC
Code, Rule 3 and 4 of the Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules, 1978, (hereafter referred to as the Rules) as well ... place in or beyond India, is triable both by the court martial and ordinary criminal courts with the exception that in case of three offences
namely, Major T.K. Chatterjee be tried by the Summary General Court Martial. Accordingly, Summary General Court Martial was convened. Proceedings of the Court Martial ... 14th June, 2000 to 4th July, 2000. The Summary General Court Martial found the petitioner guilty of the offence of abatement of civil offence
matter on the ground that the proceedings of the Court
Martial had already commenced and no interference, at such a stage,
was called ... from non-application of
mind inasmuch as the trial by a Court Martial could have commenced
only on convening of the Court Martial
Base Hospital."
5. The trial commenced before the General Court Martial (GCM in short) on 31.12.1985. Since 31.12.1985 happened to be the date ... writ petition and quashed the sentence given by the General Court Martial and the order of confirmation dated 12.12.1986, 15.12.1986 and the order dated
allowing the writ petition holding that, the proceeding of the District Court Martial culminating in the finding of guilt and sentence passed thereupon ... 26th October, 1988, the District Court Martial was convened and the charge sheet was served upon the petitioner. On 27th October, 1988, an order convening
these two cases have approached this Court to quash general Court Martial proceedings against them and to order for their release. As the;points ... this Court to order release of the petitioners if the Court Martial has or had no jurisdiction in regard to the petitioners and the offences
grievance as the GSFC of the BSF is nothing but a Court martial and not a Court of law. The same is only ... same view in a catena of decisions and stated that a Court martial is an ad hoc body and there should be a forum
authorities to investigate the case or try the accused by a Court-martial in terms of the provisions of the Army ... triable by both the criminal Court as well as the Court-martial? These are some of the important questions, which the present petition has raised
