COL O S PERHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner an officer holding a permanent commission in the regular army was tried by a General Court Martial in the year 1994. The charge against him was that on the intervening night of 26/27 March, 1994, he voluntarily had carnal intercourse against the order of nature with one Shaik Ameer Basha of his unit. He was also charged under Section 63 of the Army Act for having improperly and without permission from the officer-in-charge Administration of his unit took away said Sh. Shaik Ameer Basha of his Unit from Night guard duty.

(2.) The General Court Martial while exonerating him of the first charge found him guilty of the second charge and passed the sentence that the petitioner be reprimanded. This order was announced on 15.9.1994. The order further directed that the sentence was subject to confirmation.

(3.) However, the General Officer Commanding-in-Chief Northern Command by order dated 23.12.1994 declined to confirm the sentence and remitted the case back for re-consideration of sentence as also finding of not guilty on the first charge by observing as under :-