EX SOWAR IMAMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS review petition has been filed for reviewing the judgment dated 10.10.2014 whereby the Special Appeal has been allowed on the ground that the cause of action shown in the writ petition did not fall within the territorial jurisdiction of this Court. The contention of the learned counsel for the applicant Sri Ashok Bajpai is that the application that was filed alongwith the Special Appeal for condoning the delay, had been disposed of but the orders passed thereon had not been signed. In the circumstances, if the delay had not been condoned, the appeal was incompetent and that the bench has committed an error in deciding the appeal finally without the delay having been condoned.

(2.) THE second ground taken is that the summary Court martial was under challenge before the learned Single Judge and therefore a special appeal filed by the Union of India was not maintainable.

(3.) WE have also heard Sri Nag, learned counsel for the appellant who has opposed this review petition and contends that firstly the proceedings arise out of the summary Court martial carried out under the Army Act and Rules which is a Central Act and as such the appeal was maintainable.