HARBAJAN SINGH Vs. MINISTRY OF DEFENCE

JUDGEMENT

(1.) HELD, that the court Martial had become time barred under Section 122 of the Army Act is an irrelevant consideration for deciding whether it was practicable to hold an enquiry unless it is shown that the attempts were made in due deligence to institute court Martial proceedings within time. The word "impracticable" in Rule cannot be interpreted so as to destroy the express provision of the Principal Act under which Rules are framed.

(2.) THE object of section 122 is to ensure that the delingnet officer is not kept in suspense and uncertaninly for more than 3 years. THE period of limitation is for benefit of the accused. But if the delingnet officer is ready to undergo a trial by Court Martial, I do not think that section 122 will come into play. Being only a statutory right, the same can be waived by the charged officer.