RANJIT THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, by special leave, preferred against the order dated July 3, 1986, of the Division Bench of the Patna High Court in C.W.J.C. No. 2823 of 1986 raises a substantial question as to the scope and content of the procedural safeguards in Section 130 of the Indian Army Act, 1950 ('Act') in the conduct of the CourtsMartial.

(2.) Appellant, Ranjit Thakur, joined the Armed Services on September 7, 1972, and was, at the relevant time, a Signal Man in "4, Corps Operating Singal Regiment." Apparently, appellant had not commended himself well to respondent No. 4, who was the commanding officer of the regiment. On March 29, 1985, appellant was already serving out a sentence of 28 days' rigorous imprisonment imposed on him for violating the norms for presenting representations to higher officers. Appellant is stated to have sent representation complaining of ill-treatment at the hands of respondent 4 directly to the higher officers. Appellant was punished for that by respondent 4. Appellant was held in the Quarterguard Cell in handcuffs to serve that sentence of rigorous imprisonment.

(3.) While so serving the sentence appellant is stated to have committed another offence on March 29, 1985, for which the punishment now impugned was handed down by respondent 4. The nature of this offence had better be excerpted from the charge-sheet itself: