DHIAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SEEKING quashing of General Officer Commanding, 10 -Infantry Division's Order dated 28.01.1998, convening Summary General Court Martial, the findings, conviction and sentence recorded by it and Chief of Army Staff's Order dated 27th of June, 2000 rejecting the statutory appeal under Section 164 of The Army Act, 1950, petitioner, Dhian Singh has filed this writ petition through Mrs. Kamaljeet Kour, his wife, seeking his liberty.

(2.) SHORN of details, the petitioner's case, in nut shell, is that he had an old history of suffering from 'unspecified psychosis'. He had been receiving treatment for this disease during his employment in the Army. He had been falsely involved in a murder case with the charge that he was responsible for firing at and killing three Army personnel namely J.C -178573L Subedar Nirmal Singh, No. 3378920L, Company Havildar Major Baldev Singh and No. 3375568F Hav. Kaur Singh of his Unit, besides firing at Sepoy Harbinder Singh with an intention to kill him. He says that 'unspecified psychosis' is a disease where a person becomes prone to aggressive behaviour during the recovery time and it was precisely for this reason that he had not been given any field duties and in that view of his disease, he was not medically fit to be put to a criminal trial. His Trial by the SGCM is thus vitiated.

(3.) DENYING as factually incorrect, the case put up by the petitioner in his petition, the respondents say that they had complied with the provisions of the Army Act and Army Rules in letter and spirit and that the proceedings of the Court of Inquiry, Recording of Summary of evidence and proceedings of the Summary General Court Martial had been commenced and concluded after following the provisions of law and having ensured that the petitioner was in a fit mental condition to participate in the proceedings and take the trial. It is stated that complying with the requirements of Army Order 37 of 1983, the petitioner had been referred to 170 Military Hospital wherefrom he was sent to the Command Hospital, Northern Command for necessary investigation. The petitioner was found fit by the Northern Command to take the trial. Giving the medical history of the petitioner's case, it is stated by the respondents that the petitioner had been placed in a low medical category with the diagnosis 'UNSPECIFIED PSYCHOSIS', on 4th of August, 1995 whereafter he was provided treatment in the Military Hospital. He had undergone medical re -categorization periodically. Though initially graded in CEE (temporary category), the last review board of the petitioner upgraded him and placed him in low medical category i.e. BEE (Psy) permanent with effect from 4th of August, 1997.170 -Mil -itary Hospital had, on Review medical board held on 19th of August, 1997, confirmed his diagnosis as that of 'unspecified psychosis'.