AMARJEET SINGH Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) THIS is a petition filed by Amarjeet Singh for the release of Balbinder Singh son of Gurdev Singh under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure. The petitioner was tried by the General Court Martial under the Official Secrets Act and sentenced to undergo imprisonment for seven years on 7.2.1990. Needless to say that he had been arrested on 6.12.1988 and remained in custody right from the date of arrest. The petitioner claims that he has completed seven years of imprisonment awarded by the General Court Martial before 19.1.1995 and, therefore, it is prayed that he should be set at liberty after having completed the sentence awarded as mentioned above.

(2.) NOTICES had been issued to respondent No.1 and also to the Superintendent, Central Jail, Patiala. In the reply filed by respondent No. 1, it has been admitted that petitioner remained military custody from 6.12.1988 to 7.2.1990 before his conviction and is entitled to set off against the terms of imprisonment imposed upon him under Section 169-A of the Army Act.

(3.) THE sole controversy that came up for consideration at the time of arguments is that as to if the petitioner is entitled to the under-trial period while calculating the total detention period of the petitioner after he has been sentenced. Section 169-A of he Army Act is reproduced below for the sake of facility :-