Charges
5. The appellant was tried by a General Court Martial (GCM).
The proceeding before the GCM commenced on 18.12.2008
and concluded ... Section 59 of the 1950 Act
prescribes the offences relating to Court Martial, Section 63
deals with good order and discipline whereas Section
OFFICER
INS VENDURUTHY, NAVAL BASE,
KOCHI, PIN - 682004
5 PRESIDENT
GENERAL COURT MARTIAL OF SANTOSH KARWADE,
ASW SCHOOL, NAVAL BASE, KOCHI ... years of service,
challenges the trial held against him by the Court-Martial under
the Navy Act, 1957 (for short, the Navy Act ), in this
cases against Assam Riffles personnel has to be
transferred for Court-Martial. He further submits that a written
application before the Court of Judicial Magistrate ... Delivery to commanding officers of persons liable
to be tried by Court-martial. -
(1) The Central Government may make rules, consistent with
this Code
Apex Court considered the punishments being
imposed through the Court-martial proceedings and the scope
of judicial review in such cases holding as under ... Though court-martial proceedings are subject to judicial
review by the High Court under Article 226 of the Constitution,
the court-martial is not subject
Constitution of India is justified only where: (a) the court-martial is
improperly convened or constituted; (b) mandatory statutory procedure or
principles of natural justice ... Further restricting the interference of High Courts in a properly
convened court martial that has carried out proceedings in accordance with
the procedure prescribed
owing to the involvement of
religious beliefs, your trial by a Court Martial
for your aforesaid misconduct is inexpedient
and impracticable.
7. AND WHEREAS ... Staff was also satisfied that the trial of the
petitioner by Court Martial was both inexpedient and impracticable,
therefore, a Show Cause Notice dated
power to
direct a revision of the finding of a court-
martial only once. There is no power in the
confirming authority, if it does ... case of the
respondent, the finding of the general court-
martial on revision not having been confirmed
was not valid. Could he, therefore, be tried
follows:
On 13.08.2002, the petitioner faced a summary trial before the
Court Martial and was tried under Section 41(2) of the Army ... inhuman treatment and death threats given by the fifth respondent. The
Court Martial failed to consider this crucial fact and hence this decision
is unjust
provide him certified copies of the original manuscript of the court
martial proceedings and the true certified copy of the typed copy of
the court ... martial proceedings.
6. Thus, the prayers in these two OAs were distinct and different.
Both the OAs have come to be dismissed by the Tribunal
learned Additional Solicitor-General cited a few examples wherein trial
by Court Martial may be rendered "impracticable", to wit:
(i) a misconduct amounting ... offence having been rendered not triable by
Court Martial by expiration of the period of limitation h prescribed by Section
122 ;
(ii) a Court Martial
