LOK NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner, Sepoy Lok Nath Singh of 5271, Army Service Corps, Battalion (Mechanical Transport), attached to 15 Field Ammunition Depot, was convicted and sentenced to, Imprisonment for life and dismissal from Service, for committing a Civil Offence, contrary to Section 302 of the Ranbir Penal Code, by the Summary General Court Martial, on December 17,2005.

(2.) AFTER exhausting the remedies available to him under The Army Act, 1950, seeking annulment of the proceedings and decision of the Summary General Court Martial, he has approached this Court, after withdrawal of his earlier Criminal Writ Petition No. 2430/2006, filed in the High Court of Judicature at Delhi, seeking quashing of the proceedings and findings of the Summary General Court Martial, besides a command to the Respondents to re -instate him to his Rank and Service.

(3.) REFERRING to the provisions of Section 112 of the Army Act, it was argued by the learned Counsel that the Commander, 71 Sub Area, had erroneously convened the SGCM, when he possessed no jurisdiction, so to do, in that, the Commander may not fall within the category of the Authorities/Officers mentioned, as such, under Section 112 of the Army Act, 1950, who are empowered and authorized to convene the SGCM, which according to the learned Counsel, was not a routine constitution of the Court Martial, convening whereof was contemplated under special circumstances.