SUKHDARSHAN SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The facts disclosed in the writ petition reveal that the petitioner, who was posted as L/NK No. 2480916A/25 Punjab, was detailed to perform guard duty at TCP Head Quarter 77-Mountain Brigade at Thiakurbari (Assam) with effect from 13.3.1997. In all six other ranks were under the control of Guard Commander Hav. Amar Singh. The petitioner and Sepoy Lakhwinder Singh were detailed as Sentries from 1800 hours to 2200 hours by the Guard Commander Hav. Amar Singh.

(2.) Hav. Amar Singh, Guard Commander, after checking the sentries, was in front of the TCP Main Gate, when he was challenged by the petitioner. However, Guard Commander Amar Singh forgot the password but replied that he was Hav. Amar Singh, Guard Commander. It is alleged that it was moonlit night and Guard Commander Amar Singh disclosed his identity but still the petitioner abused him and hit with rifle barrel on his shoulder and chest and stated that he would kill him. Seeing it, Sepoy Lakhwinder Singh, second Sentry, asked the petitioner to leave Hav. Amar Singh and not to hit him. On hearing noise; Naik (MP) Saniala Dasu also came out of the tent and asked the petitioner to leave Hav. Amar Singh. However, the petitioner asked Sepoy Lakhwinder Singh and Naik Samala Dasu to keep away and threatened that if anybody interfered, he would be killed. The petitioner further warned Hav. Amar Singh that he had just one minute before he would be killed and if he wanted to speak to anybody, he could do so. During the said period, the petitioner was hitting Amar Singh with his rifle barrel and one round of SLR was also fired. It is alleged that the petitioner again cocked his rifle but the same got stuck due to double feeding of the rounds. Hav. Amar Singh managed to escape and reported the matter to Sub. Baldev Singh, who in turn reported the matter to the Commanding Officer.

(3.) The petitioner was issued tentative charge-sheet under Section 40(a) of the Army Act on 14.5.1997 vide Annexure P-1 i.e. using criminal force to his superior officer. Thereafter, the Commanding Officer heard two witnesses, namely, Sepoy Lakhwinder Singh and Sepoy Kamal Swarup but the petitioner refused to make any statement i.e. according to Union of India, he had refused to cross-examine them and declined to make any statement, as is evident from Annexure P-2. Thereafter, the Commanding Officer ordered summary of evidence was reduced in writing and accordingly, their evidence was reduced into writing and the petitioner refused to cross-examine them i.e. the evidence of Hav. Amar Singh as witness No. 1, Sepoy Lakhwinder Singh as witness No. 2, Naik (MP) Samala Dasu as witness No. 3 and that of Sepoy Kamal Swarup as witness No. 4 were recorded. The petitioner was charge-sheeted on 21.5.1997. The copy of the charge-sheet dated 21.5.1997 and copy of summary of evidence dated 20.5.1997 were handed over to the petitioner on 21.5.1997 vide Annexure P- 5. Sub. Roshan Lal was appointed as Friend of the petitioner to assist him in the summary Court Martial and the said copies were also sent to him on 21.5.1997, well before time as the Summary Court Martial took place on 23.5.1997. During the Summary Court Martial, the petitioner pleaded guilty and Rule 115 of the Army Rules, 1954 was complied with the consequently the petitioner was punished with :