SUKHDIP SINGH MAAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this judgment C.W.P. No. 18038 of 1994 and C.W.P. No. 2161 of 1996 are being disposed of.

(2.) In C.W.P. No. 18038 of 1994, petitioner has prayed for issuance of a writ commanding the respondents not to hold his trial by General Court Martial under the jurisdiction of respondent No. 3 as he has already formed an opinion against him and thereby he will not get a fair trial under the jurisdiction of respondent No. 3. He has also prayed that his case be transferred for trial by ordinary criminal Court.

(3.) In C.W.P. No. 2161 of 1996, petitioner has prayed for issuance of a writ of certiorari quashing the proceedings of the General Court Martial, finding returned by it on the 2nd charge and the sentence awarded thereon, the same being totally illegal, arbitrary, unconstitutional and the proceedings of the General Court Martial having been conducted in an arbitrary manner in violation of statutory and mandatory provisions of the Army Act on account of illegal and biased influence exerted by respondent No. 3. The petitioner has further prayed for quashing the order superseding the petitioner for promotion to the rank of Major General on account of pendency of the General Court Martial proceedings, participation of respondent No. 3 as a member of the Selection Board, who was biased and vindictive against the petitioner.