advice tendered was that they be tried by a General Court Martial. The case of Major A.D. Swamy was recommended for disposal ... conclusion of trial of Lt. Col. Sunil Issar by the General Court Martial. Lt. Col. Issar was eventually found guilty of the charges levelled against
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
only after compliance with the said provisions that the Court Martial is to commence on the basis of findings recorded by summary of evidence ... perform the function as the convening authority with relation to the Court Martial under Rule 37 and after the verdict of Court Martial, would also
affirming the finding, sentence, confirmation and pro amalgamation of General Court Martial held from January 4, 1989 to February 24, 1990. The petitioner has submitted ... examined. On close scrutiny of summary of evidence on which General Court Martial was convened later on it is clearly discernable that no offence
adequate evidence was not available to convict the appellant before the court martial, the impugned order was passed by using the presidential prerogative. As such ... Section 83 of the Army Act and finally by way of court martial proceedings under section 109 of the Army Act. It was submitted that
short „the said Act‟). He
was tried by a General Court Martial which found him guilty
of charges ... objections raised by the petitioner against
his trial by a Court Martial is that he was not subject to the
said Act and therefore could
tried under section 69 of the Army Act by a General Court Martial. The charge against him was that he had committed a civil offence ... guilt of the charge" was returned by the Court Martial on 16-8-1974. The findings and the sentence was then submitted for confirmation
Petitions raises two common questions of law pertaining to the Summary Court Martials (SCMs hereafter) of general importance ? (a) whether an SCM can be convened ... which an SCM can be convened rather than a General Courts Martial (GCM) or District Courts Martial (DCM) or Summary General Courts Martial (SGCM
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
Major in the Army and was tried by General Court Martial in the month of August 1977. This petition challenges the finding and conviction ... General Court Martial as confirmed by respondent No. 2 by which the petitioner has been held guilty of three charges for offence under Section
