COMMODORE NARIDER M PANDIT Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel appearing for the parties.

(2.) THE challenge in this petition under Article 226 of the Constitution of india is to the Court Martial proceedings initiated against the petitioner.

(3.) THE petitioner was granted permanent commission in Indian Navy in january, 1971 and in January 2000, the petitioner was promoted to the rank of Commodore. On 20th October, 2003, the petitioner was served with a charge-sheet and connected documents including notice of trial and was called upon to present himself before the Court Martial. The charge-sheet was issued against the petitioner alleging that the petitioner has committed various offences under Navy Act, 1957 (hereinafter referred to as "the said Navy Act") as well as certain offences punishable under the Prevention of Corruption Act, 1988 (hereinafter referred to as "the said Prevention of Corruption Act" ). On 28th October, 2003, the Court Martial assembled which was adjourned to 13th November, 2003. On 13th November, 2003, defence Counsel representing the petitioner raised various objections to the Constitution of the Court martial as well as objection to the appointment of the trial Judge Advocate on the ground that the trial Judge Advocate was junior in rank to the petitioner. The defence Counsel representing the petitioner raised various objections regarding pre-trial defects. A contention was raised that the order of investigation passed in terms of Regulation No. 149 of the Regulations for the Navy part-II (Statutory), 1965 (hereinafter referred to as "the said Regulations" ). The objections raised on behalf of the petitioners were over-ruled and the Court martial proceeded further. The petitioner was arraigned in terms of section 106 of the Navy Act and the petitioner pleaded not guilty to all the charges.