COMMANDER RANVIR KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the constitution impugns the verdict of the Court Martial (CM), later confirmed with a modification by the Chief of Naval Staff (CNS) vis-a-vis the charges found established against the petitioner.

(2.) Petitioner was in command of the Indian Naval Ship "Karwar" which ship was commissioned at Riga in Soviet Union on 14th July, 1986. The said ship set sail from Riga on 21st July, 1986 and arrived at Bombay on 17th October, 1986. An incident took place on 23rd October, 1986 in which the petitioner was involved. On the basis of the happenings at that incident, a Board of Inquiry (BOI) was convened. The said Board interrogated a number of persons, some, more than once in between 26th December, 1986 to 5th March, 1987. While this enquiry was in progress, Pathak, Kishorilal and Tiwari, who were borne on INS Karwar were transferred to different establishments. Pathak was transferred to INS "Deepak". The Executive Officer of INS Deepak, which post is equivalent to the second-in-command of the ship was Commander Mohanty. This officer was a member of the Board of Inquiry. Kishorilal and Tiwari were first transferred to INS "Trata". Later the two were transferred to INS "Kunjali", which is a detention centre-cum-Police Station of the Indian Navy in Bombay. Petitioner had not been present at all the interrogations or further interrogations made by the BOI. This was because he had to go on various naval exercises out of Bombay. On 9th September, 1987, he made are representation complaining of the alleged irregulations committed in the conduct of proceedings before the BOI. This representation, purporting to be under section 23 of the Navy Act. 1957 (the Act), was rejected by the Flag Officer Commanding-in-Chief, Eastern Command, on 21st October, 1987. A further representation was made by the petitioner repeating the same grievances on 30th October, 1987 and addressed to the CNS. The CNS rejected the representation on 5th March, 1988.

(3.) After the conclusion of the BOI, there came to be issued a Warrant directing a Court Martial against the petitioner. Six charges were levelled against the petitioner and three of them for which the CNS affirmed his guilt were:---