KULDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Kuldeep Singh-appellant has filed this appeal against the order dated 16.08.2008 passed in Court Martial proceedings whereby he has been convicted for causing the death of L/Nk A.K. Pandey of 7th Battalion of the Parachute Regiment, and causing grievous hurt to Suresh Singh of 7th Battalion of the Parachute Regiment. He has been sentenced to imprisonment for life, besides, dismissal from service. Along with the appeal criminal miscellaneous application No.37328 of 2014 has been filed seeking condonation of 2432 days delay in filing the appeal. At the time of motion hearing we were prima facie of the view that against an order of conviction and sentence after Court martial proceedings, there were other stages involved including confirmation of Court Martial, besides, remedy before the learned Armed Forces Tribunal ("Tribunal" - for short) constituted under the Armed Forces Tribunal Act, 2007 ("Act" - for short).

(2.) Mr. S.S. Sandhu Senior Standing Counsel for Union of India was requested to assist the Court. The learned Senior Standing Counsel has filed reply of Capt. K.S. Yadav, Adjt 4 Sikh mentioning the various procedures of Court Martial proceedings and the remedies available. On the last date of hearing, Mr. Divjyot Singh, Advocate gracefully agreed to further assist in the matter.

(3.) Learned counsel for the parties are ad idem that against an order of the Court Martial the remedy lies before the learned Tribunal constituted under the Act. Section 15 of the Act relates to jurisdiction, powers and authority in the matters of appeal against Court Martial. SubSection (4) of Section 15 of the Act provides for an appeal against an order of Court Martial. Besides, Sub-Section (5) provides that the Tribunal may allow appeal against conviction and pass appropriate orders thereupon. Sub-Section (6) (e) of Section 15 the Act provides that the Tribunal can suspend a sentence of imprisonment. The appellant has been in custody since the date of his arrest, i.e. 29.05.2007. The present appeal as already noticed is barred by 2432 days delay. In terms of Section 22 (2) of the Act, the Tribunal may admit an application after the period of limitation. The applicant has been in custody for a long time and his appeal has also not been filed for all this period. In the circumstances it would be appropriate to transfer the case to the learned Tribunal for due consideration. The case is accordingly transferred to the learned Tribunal. The parties shall appear before the learned Tribunal on 12.03.2015.