GAUTAM CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. KN Choudhury, learned senior counsel for the petitioner and Mr. K Gogoi, learned counsel for the respondents.

(2.) The petitioner is a Junior Commissioned Officer in the respondent Assam Rifles. A court martial proceeding was initiated against the petitioner by the Director General of Assam Rifles (North), in which the order dtd. 18/8/2016 was passed, whereby he was convicted and sentenced to an imprisonment of five years as well as dismissal from service. The offences for which the court martial was conducted against the petitioner also included an offence under the Prevention of Corruption Act, 1988.

(3.) The petitioner assailed the order of conviction and sentence dtd. 18/8/2016 in WP (C) No.181(K)/2017. By the judgment dtd. 21/2/2018, the conviction and sentence against the petitioner was set aside. The judgment dtd. 21/2/2018 in WP(C) No. 181 (K)/2017 interfering with the conviction and sentence was passed on the premises that in a judgment of the Division Bench of this Court dtd. 15/2/2018 in WA 51/2017, a conclusion was arrived that an offence under the Prevention of Corruption Act, 1988 cannot be the subject matter of a court martial proceeding. The judgment dtd. 21/2/2018 in WP (C) No.181(K)/2017 in the meantime, otherwise, had attained its finality. But the judgment of the Division Bench dtd. 15/2/2018 in WA 51/2017, which was relied upon to arrive at the judgment dtd. 21/2/2018 in WP(C) No.181(K)/2017 was carried in an appeal before the Supreme Court in Civil Appeal No.5136/2019. The Supreme Court by its judgment dtd. 1/7/2019 had reversed the judgment of the Division Bench in WA 51/2017. The conclusion of the judgment of the Supreme Court would be that even an offence under the Prevention of Corruption Act, 1988 can also be a subject matter of a court martial proceeding under the Assam Rifles.