UNION OF INDIA & ORS. Vs. CHUNI LAL

JUDGEMENT

(1.) The Respondent-Chuni Lal was convicted under Section 39 (a) of the Army Act, 1950, for absenting without leave and sentenced to, dismissal from service, by the Summary Court Martial (for brevity 'SCM'), on 16.08.2001 pursuant to his, Pleading guilty, to the Charge. He questioned his conviction and sentence invoking extra-ordinary writ jurisdiction of the Court urging non-compliance of Rule 115(2) of the Army Rules, 1954, in recording the Plea of guilty, which according to him would vitiate his trial by the SCM.

(2.) During the pendency of proceedings before the Writ Court, it was projected on behalf of the respondent that the Commanding Officer EME Depot Bn., holding the SCM, had taken the respondent's signatures on blank papers, and the alleged compliance of Rules in recording the Plea of guilty, was a later manipulation. The procedure laid down in Rule 115(2) was not complied with when he is reported to have pleaded guilty to the Charge.

(3.) In Response to the plea projected on behalf of the respondent and as directed by the Writ Court, the Union of India filed Supplementary Affidavit of Brigadier A. K. Tuli, who had conducted the SCM, in his capacity as Commanding Officer EME Depot Bn.