EX-HAVILDAR RATAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SPECIAL leave is granted.

(2.) THE appellant, Havildar Ratan Singh was tried and convicted by Summary Court martial. He was reduced in rank and sentenced to suffer rigorous imprisonment for one year. He filed an application under Article 226 of the Constitution of India before the Delhi High Court, which was dis- missed by the impugned judgment.

(3.) THE charge sheet states that when fired upon by a group of terrorist-militants during an armed operation against them, the appellant quitted his place without orders from his superior officer. Section 120 of the Act states that subject to the provisions of sub-section (2) of the section a summary court martial may try any offence punishable under the Act. Sub-section (2) reads as follows :-