SOBHARAN SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) AT the outset it is relevant to mention that this writ petition was dismissed for want of prosecution on 31-7-2009. Thereafter, Counsel for the petitioner moved an applica­tion for recall of the aforesaid order, which remained pending and ultimately came up for orders on 4-11-2009. As the cause shown for absence was found sufficient, the writ peti­tion was restored. As the matter was quite old, Counsel for the parties consented for final dis­posal of the writ petition. Accordingly, the arguments were finally heard.

(3.) BY means of this writ petition, the peti­tioner has assailed the validity of the order passed by General Officer, Commanding -in-Chief, Central Command, Headquarters Cen­tral Command, Lucknow [opposite party No.2] dated 20-4-1993 and also prayed for quashing the verdict and sentence awarded by the Summary Court Martial on 8-1-1993 as embodied in Annexures Nos. 11 and (sic) to the writ petition inter alia on the grounds that the petitioner did not have a fair trial, adequate opportunity was not afforded to challenge the Officers composing the Sum­mary Court Martial, which is a statutory right under Section 130 of the Army Act, 1950; in spite of request the opportunity to cross-ex­amine the vital witnesses was denied; the as­sistance of civil lawyer was also not given in spite of specific written request; thus the find­ings of summary court martial are perverse being based on illegal and irrelevant evidence; and the sentence awarded to him is too harsh.