Officer, Commanding, ordered the matter to be dealt by the General Court Martial; on 15.5.1992, the Presiding Officer and four other officers were appointed. Petitioner ... objection regarding the jurisdiction of the Court Martial was ruled out. Thereafter, he filed a writ petition before this Court for issue of writ
prayed for quashing of
the charge-sheet, sentence of the General Court Martial, order of
confirmation of General Officer Commanding and also to quash ... trial of the General Court Martial. The facts of the matter
however briefly are as below:
The petitioner was serving the Indian Army having joined
Guilty of second charge"
4. The petitioner, in the said Court Martial proceeding apart
from his aforementioned defense made the following
statement in writing ... before this Court mainly
revolve around unfair procedure adopted in the Court
Martial proceedings and/or non-following the mandatory
procedure. More often than
Sinha, C.J.
1. The scope and limitation of Court Martial proceedings
envisaged under the provisions of the Army Act, 1950 (
hereinafter referred ... filed against him on 30.01.1993 and a Court Martial for the
purpose of his trial was convened on 17.02.1993.
3. A sentence of imprisonment
petitioner in this writ petition has questioned an order
of General Court Martial (in short, 'GCM') whereby and
whereunder he was awarded ... Staff
while confirming the sentence approved the findings of the
General Court Martial only on two charge, namely, charge
attached to 237 Field Regimen for his trial by Summary Court Martial.
6. The petitioner alleges:
i) That, the petitioner under these circumstances, have been ... Prohibition', against his illegal detention and apprehended trial by court martial.
(xviii) That, the respondents in their brief reply submitted
Competent Authority
for the purpose of convening a District Court Martial. On
May 18, 1995, a copy of Summary of Evidence along with
Exhibits, copy ... forwarded to the respondent by the Station Adjutant.
Though no District Court Martial was convened, a show cause
notice was instead issued on behalf
informed that he would be tried by a Summary Court Martial.
The charges against the petitioner are as follows:
"AA SEC 39(b)
WITHOUT ... 29th April 1992, he was allegedly taken to the Court Martial enquiry and in the absence of any charge-sheet, list of witnesses or list
filed this writ petition aggrieved by the order of summary court martial dated 3.1.92, awarding six months imprisonment and dismissal from service. Mr. Bikramjit Nayar ... petitioner has contended that the award of dismissal by the summary court martial was illegal and without jurisdiction. On 25.1.96, Division Bench of this Court
Army Act and the Rules framed thereunder. By the Summery Court Martial procedure the writ petitioner was sentenced and awarded rigorous imprisonment for four months ... self-same officer who issued the charge sheet conducted the Court martial proceedings;
(6) The entire proceedings was conducted in English and no assistance
