R S BUDHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition challenges the legality of orders passed by the Govnernment of India, Ministry of Defence dated December 24, 1992, rejecting the post confirmation petition dated November 15, 1990, and affirming the finding, sentence, confirmation and promulgamation of General Court Martial held from January 4, 1989 to February 24, 1990. The petitioner has submitted the following facts in the petition, which may be reproduced briefly as under:-

(2.) The petitioner during June, 1987 was serving as a Major in 8 JAT Regiment in Regular Army located in Kaying Area in the eastern sector. At that time. Col. S.S.Sahota was the Commanding Officer and Major Jaspal Singh was the Second-in Command of the above said Regiment. On June 16, 1987, at about 1250 hours two jawans of 'A' Company 8 JAT Regiment, namely, Sepoy Mahavir Singh and L/NK Inderpal Singh absconded allegedly after shooting and killing Col. S.S.Sahota, Major Jaspal Singh, Capt. B.K.Chhetri and Capt. A.Shrivastava. The First Information Report was filed at OIC, Police station Kaying by Capt A.V.Garde, Adjutant 8 JAT Regiment. The patrol parties were sent to cover various routes to ensure that the culprits did not escape. The petitioner further reiterates that he was also sent on a patrol to apprehend the culprits and on June 18, 1987, at about 1630 hours both the killers, Sep Mahavir Singh and L/NK Inderpal Singh surrendered and were taken to HQ 5 Mtn Brigade located at Along and kept in military custody.

(3.) Consequently, a Staff Court of Enquiry was ordered by HQ 2 Mountain Division to investigate into the circumstances under which the above said Jawans shot dead the four officers including the Commanding Officer as well as his Second-inCommand on June 16, 1987. The Staff Court of Inquiry was also required to investigate the circumstances under which the said two accused shot and injured NK Kami Singh. and L/NK Ranbir Singh. During the Court of Enquiry the two killers Sep Mahavir Singh and L/NK Inderpal Singh made certain insinuations against the petitioner, Sub Major Mahtab Singh and Sub Kartar Singh. The petitioner states that he was shocked to hear the statements accusing him forgiving the task. of eliminating the Commanding Officer, Col S.S.Sahota and Second-in-Command Major Jaspal Singh. The Court of Inquiry proceedings commenced on June 23, 1987 and completed in the first week of September, 1987 and concluded on September 12, 1987. The Court of Enquiry was entrusted to investigate into the following terms and references: