V VENKATESWARLU Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed with a prayer as follows: to issue a direction, orders or a Writ; more appropriately one in the nature of a WRIT OF HABEAS CORPUS coupled with a WRIT OF MANDAMUS and declare the proceedings of the 2nd respondent dated 21.12.2002 convening a Summary General Court Martial (comprising of Respondents No.3, 4 & 5) for the trail of the petitioner / detenue herein on the charges enumerated in the charge sheet dated 20.12.2002 and consequential proceedings of the Summary General Court Martial held at field from 21.12.2002 till 26.12.2002 resulting into conviction and sentence of the petitioner herein to (a) Reduced to Ranks, (b) to suffer Rigorous imprisonment for four years and (c) to be dismissed from service and his detention to suffer Rigorous Imprisonment under the custody of 7th Respondent herein as being unwarranted, illegal, unlawful, unjust, unnecessary and ULTRAVIRES; and consequently direct the 7th respondent herein to produce the petitioner / detenu hereinbefore this Honble Court and set him at liberty.

(2.) The petitioner is a soldier of the Indian Army, who was tried by a Summary General Court-Martial for charges under Sections 376(2) read with 450 and 376 (2) read with section 511 of Ranbeer Penal Code, that is the Penal of law of Jammu and Kashmir.

(3.) It is agree at the Bar that the above-mentioned two provisions correspond verbatim to sections 376 and 511 of the Indian Penal Code. Section 450 of the Ranbeer Penal Code once again is identical with Section 450 of the Indian Penal Code. The last charge against the petitioner is under Section 48 of the Army Act, which Section makes it an offence for any person subject to the Army Act to be found in a state of intoxication whether on duty or not.