F R JESURATNAM Vs. CHIEF OF AIR STAFF

JUDGEMENT

(1.) The question which has been referred to this Division Bench by one of us (V. D. Misra, J.) is "whether a person undergoing imprisonment after being convicted under the Air Force Act- 1950, can be allowed to set off the period of pre-trial detention against the sentence of imprisonment ?"

(2.) F.R. Jesuratnam (the petitioner), who was a Squadroni Leader, was placed under close arrest under the Air Force Act, 1950 (herein after called the Act) on 9-11-1974. He was tried by a General Court Martial which sentenced him to six months rigorous imprisonment on 4-3-1975. The sentence was duly confirmed under section 152 of the Act by the Chief of Air Staff on 8-4-19 75. The petitioner was thereafter sent to Tihar Jail for serving the sentence awarded to him.

(3.) According to section 164 of the Act, the "sentence shall, whether it has been revised or not, be reckone d to commence on the day on which the original proceedings were signed by the presiding officer". The sentence awarded to the petitioner, therefore, commenced to run on 4-3-1975.