R S GHALWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was a Major in the Army and was tried by General Court Martial in the month of Aug, 1977. This petition challenges the finding and conviction by General Court Martial as confirmed by respondent No. 2 by which the petitioner has been held guilty of three charges for offence under Section 3(1)(c) of the Official Secrets Act and sentenced to R.I. for 14 years.

(2.) THE petitioner was an officer the rank of Major in the Army and was undoubtedly subject to the provisions of the Act vide Section 2 of the Army Act, 1950 (to be called the Act). Chapter VI of the Act, deals with the offences punishable under the Act and provides that whosoever commits any of the offences mentioned therein shall on conviction by court martial be liable to suffer such or less punishments as are mentioned therein. Shortly stated under this Chapter there are three categories of offences namely (1) offences committed by a person subject to the Act triable by a court -martial in respect whereof specific punishments have been assigned; (2) civil offences committed by the said person at any place in or beyond India but deemed to be offences committed under the Act and if charged under Section 69 of the Act triable by a court -martial and, (3) offences of murder and culpable homicide not amounting to murder or rape committed by a person subject to the Act against a person not subject to the military law. Subject to a few exceptions, they are not triable by court martial but are triable only by ordinary courts.

(3.) SECTION 69 of the Act lays down that subject to the provisions of Section 70 any person subject to this Act who at any place in or beyond India commits any civil offence shall be deemed to be guilty of an offence against this Act and if charged therewith under this Section, shall be liable to be tried by a court martial and, on conviction be punishable.