S N PURANDARA Vs. UNION OF INDIA

JUDGEMENT

(1.) , J.-

(2.) THIS is a criminal writ petition filed by the petitioner Maj. S. N. Purandare seeking the quashing of the impugned order dated 13-3-1987 issued by respondent no. 3 the Commanding Officer, Southern Command. Mobile Signal Regiment convening General Courts-Martial as also for an order/direction in the nature of declaration declaring Sections 52(g), 63, 124 and 125 of the Army Act. 1950, as amended by Act 19 of 1955 (for short the Act) as ultra vires of the Constitution of India. Notice to show-cause was issued to the respondents on the limited question whether the General Court-Martial had been convened by an authority duly empowered to convene The respondents put up appearance in pursuance to the showcause notice and filed counter-affidavit deposed to by Lt. Col. P. S. Rathee D.A.A.G. (Legal) H. Ors. 61 (Independent) Sub Area do 56-A.P.O. Subsequently, the learned counsel for the respondents was allowed to file a supplementary affidavit to the effect that Brig. Jagjit Singh was duly authorised by the Chief of the Army Staff as required by S. 109 of the Army Act. The respondents were also required to produce relevant records before the Court. The respondents complied with that order. Under S. 109 of the Act a General Court-martial may be convened by the Central Government or the Chief of the Army Staff or by any officer empowered in this behalf by warrant of the Chief of the Army Staff. In the supplementary counter-affidavit deposed to by Lt. Col. P. S. Rathee and filed by the respondents the authorisation by the Chief of the Army Staff is reproduced. Even the original authorisation was produced and shown to us. It reads as follows :-