DHIR SINGH PUNDIR Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Dhir Singh Pundir has filed the present writ petition under Articles 226/227 of the Constitution of India with a prayer that this Court should quash the proceedings of General Court Martial, its finding and sentence, order of confirmation and promulgation thereof as the same are allegedly illegal, arbitrary and based on no evidence and without jurisdiction, passed in violation of the various statutory and mandatory provisions. It has further been prayed by the petitioner that the order rejecting the post confirmation petition filed by the petitioner be quashed, being a non-speaking order.

(2.) ACCORDING to the petitioner, he was tried by the General Court Martial held at Pathankot for offence alleged to have been committed under Section 69 of the Army Act. According to him, he was directed to undergo imprisonment for life and he was also dismissed from service for that reason. The petitioner has alleged that the findings returned by the Court are based on no evidence at all; suffer from serious infirmities and violation of procedural safeguard. The petitioner preferred pre and post confirmation petitions against the finding and sentence in view of the statutory provisions as contained under Section 164 of the Army Act, but his fundamental right and legal pleas have been ignored by the authorities, who have finally rejected his appeals. The petitioner has stated that he was arrested by the Civil Police on 30th May, 1994 and was brought to Police Station Sadar, Pathankot, District Gurdaspur on 31st May, 1994. He was tortured and physically assaulted. He was produced before the Court of Judicial Magistrate, Pathankot on 13th June, 1994 and two days' remand was taken by the Police. He was produced before the Judicial Magistrate on 15th June, 1994 and the police took remand for one day. On 16th June, 1994 he was sent to Central Jail, Gurdaspur, and on 24th September, 1994 he was finally handed over to the Army Authorities.

(3.) THE petitioner has challenged the General Court Martial proceedings, inter alia, on the grounds that there was absence of notice on his part; that all the prosecution witnesses had stated that neither on the date of occurrence nor on any previous occasion they had seen, heard or had any information about the alleged ill-will between the deceased and the petitioner. It is the grouse of the petitioner that the Arms Issue Register, which is the base of this incident, has been purposely and with ulterior motive has been withheld by the prosecution. What was produced before the Court is the photostat copy of that register and there are interpolations etc. in that sheet. It is further alleged by the petitioner that the Civil Police came into action on coming to know about the incident. The Civil Police was informed by Lt. Col.C.A. Chawade. That information has been suppressed with ulterior motive. Subsequently, the report which was given to the police was the result of deliberations and consultations. Also it is pleaded by the petitioner that there are discrepancies about the time of the occurrence and that it is not established on the record as to which S.L.R. was issued to him. The alleged recovery of the weapon, allegedly issued to the petitioner, is also doubtful. It has further been pleaded by the petitioner that the Court (General Court Martial) has based the findings on conjectures etc. His pre and post confirmation appeal has been wrongly rejected by the concerned authorities.