RAJVIR SINGH Vs. SECRETARY MINISTRY OF DEFENCE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated August 19, 2011 passed by the Armed Forces Tribunal, Regional Bench, Lucknow, by which it dismissed Original Application No.116 of 2011 filed by the appellant and rejected his challenge to the direction for the General Court Martial to re-assemble for his trial contending that his trial was barred by time as provided under section 122 of the Army Act, 1950 (for the sake of brevity "the Act").

(3.) A General Court Martial was directed to be convened by order dated August 23/26, 2010 passed by the General Officer Commanding, Madhya Bharat Area, ("GOC, MB Area" for short) to try the appellant on different charges relating to gross financial irregularities punishable under Section 52(f) of the Act. The appellant challenged the order before the Armed Forces Tribunal (in Original Application No. 216 of 2010) on the plea that his trial by the General Court Martial was barred by limitation under section 122 of the Act. At that stage, the Tribunal did not go into the merits of the appellant's challenge and dismissed the Original Application leaving it open for the appellant to raise his objections before the Court Martial. In pursuance of the liberty given by the Tribunal, the appellant raised the objection before the Court Martial that his trial before it was barred by limitation. The Court Martial upheld the appellant's objection and by order dated February 17, 2011, allowed the "plea in bar" raised by the defence. However, the Confirming Authority, i.e., the (Officiating) GOC, MB Area, refused to confirm the order of the General Court Martial and by order dated March 29, 2011, which is in some detail, found and held that reckoning from the date on which the commission of the offence and the identity of the appellant as one of the offenders came within the knowledge of the competent authority, the order giving direction for convening the General Court Martial was passed within a period of three years and, therefore, the bar of limitation did not come in the way of the trial of the appellant before the General Court Martial. Having, thus, arrived at the finding, he directed the GCM to proceed with the trial of the appellant as if the "plea in bar" was found not proved. The appellant challenged the order of the Confirming Authority once again before the Tribunal in Original Application no. 116 of 2011. But the Tribunal, mainly relying upon the decisions of this Court in Union of India and others v. V.N. Singh, 2010 5 SCC 579and J.S. Sekhon v. Union of India and another, 2010 11 SCC 586, held that the General Court Martial was convened within the period of limitation. It, accordingly, rejected the application and upheld the order passed by the Confirming Authority.