THAM BAHADUR GAURANG Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the military personnel and they are undergoing imprisonment at Sabarmati Central Prison Ahmedabad and they have now filed this petition challenging their trial and the conviction by the Court of Martial and their prayers are for the issuance of a writ of Habeas Corpus or any other appropriate writ order or direction and further declaring that secs. 124 and 125 of the Army Act 1950 are as unconstitutional and violative of Articles 21 and 22 of the Constitution of India and further to declare Rule 61 of the Army Rules as unconstitutional and ultra vires Articles 21 and 22 of the Constitution of India.

(2.) In the title to the petition begins however by mentioning Arts. 14 20 and 21 of the Constitution of India and it is stated that the petition is filed under Article 226 of the Constitution of India.

(3.) I he facts as they appear are that on 8/9-10-1979 in Leh (Ladakh) Kashmir an accident occurred as a result an inquiry was started against 12 persons and ultimately charge-sheet Annexure A was submitted against 12 persons on 16-8-80. It appears that they were charged that after having heard a seditions speech by JC- 50727 Sub-Bhim Bahadur Rana officiating Sub-Major of the Unit in a mutinous spirit supported the actions of officiating Sub-Major by shouting certain slogans which are mentioned in the charge The petitioners moved about in a riotous manner carrying bamboo tent poles iron pods and pieces of angle iron etc. and flashing torches in and near about the unit area and ransacked the officers mess and quarters. They also used criminal force against the superior officer Captain S. K. Bahi of their Unit and gave him stick and fist blows and kicked him. That was the charge-sheet filed against theM.