BRIG.V.K. ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) VIDE order dated 21st October 2003, a Division Bench comprising B.A. Khan and B.N. Chaturvedi, JJ., made a reference to a third Judge on the following issue:

(2.) THE issue of interpretation of Section 122 of the Army Act fell for consideration of the Division Bench. Difference of opinion had arisen on the issue whether the petitioner's trial by GCM was time-barred. B.A.Khan, J has held that the trial as time-barred whereas B.N.Chaturvedi, J has held that it was within time. The matter was accordingly referred to third Judge in accordance with Clause 26 of the Letters Patent.

(3.) WE are unable to agree with the view taken by the learned Judge.