LALLOO SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PLEADINGS are complete and the counsel for the parties agree that the petition may be finally disposed off under the Rules of the Court. Heard learned Counsel for the parties.

(2.) THIS writ petition is directed against Summary Court Martial proceedings and also for quashing the minute sheet dated 16 -3 -1999.

(3.) LEARNED counsel for the petitioner has firstly urged that Rule 22 of the Army Rules, 1954 was not complied with, inasmuch as, the charges were not heard by the Commanding Officer in the presence of the accused and as such the trial was vitiated. In support of his contention, he has relied upon several decisions to show that requirement of Rule 22 was mandatory. No doubt the requirement of the Rules are mandatory but it has to be seen whether the rule was complied.