PARAS YADAV Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner, a Sepoy (Lance Naik) of 7th Infantry Division Provost Unit attached to 3 CAVALRY, was accused of "aggravated sexual assault on a minor girl child" and "absenting himself without leave". On 04.03.2014, the Chief Executive Officer, Ferozepur Cantt., requested the Headquarters of the 7th Infantry Division to inquire into the allegations levelled against the petitioner. Resultantly, the convening order was passed for a Court of Inquiry on 05.03.2015. Statements were recorded in the inquiry and on the basis thereof, the petitioner was charge-sheeted on 14.07.2015, with the following charges:-

(2.) The General Commanding Officer convened General Court Martial (hereinafter referred to as the "GCM") to try the petitioner on the aforesaid charges. The petitioner allegedly challenged the jurisdiction of the GCM in regard to charge No. 1. The petitioner filed an application on 07.08.2015 under Rules 49 and 51 of the Army Rules, 1954 (hereinafter referred to as the "Rules") along with his written arguments. The application dated 07.08.2015 filed by the petitioner was allegedly dismissed by the GCM on 08.08.2015. The petitioner applied for copy of the order dated 08.08.2015 which was not supplied to him. However, the petitioner filed an appeal under Section 164(1) of the Army Act, 1950 (hereinafter referred to as the "Act") against that order, which is still pending.

(3.) It is alleged that the GCM was informed about the pendency of appeal filed by the petitioner on 12.08.2015 and requested for an adjournment but the GCM continued with the trial. It is alleged that on the one hand the appeal is not being decided by the Appellate Authority and on the other hand, the trial is being conducted by the GCM on day-to-day basis. It is also alleged that the GCM has erred in not supplying copy of the order dated 08.08.2015, rejecting objections filed by the petitioner on 07.08.2015.