HAV MUKHRAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed by the applicant-petitioner for recalling of the order dtd. 29/9/2021 of this Court whereby the above Criminal Writ Petition filed on behalf of the petitioner was dismissed.

(2.) The applicant-petitioner by way of above writ petition challenged the General Court Martial (GCM) proceedings conducted against him for the charges under Sec. 69 of the Army Act, 1950 read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012). Wherein he was held guilty of the charges and sentenced to suffer rigorous imprisonment for five years and dismissal from service.

(3.) After hearing both the sides on the preliminary objections as to maintainability of the petition and jurisdiction of this Court, above writ petition was dismissed vide order dtd. 29/9/2021 with the finding that the same is not maintainable before this Court for want of territorial jurisdiction and availability of alternative efficacious remedy to the petitioner to challenge the GCM proceedings before the concerned Armed Forces Tribunal. The present application has been filed for recalling of above order dtd. 29/9/2021 of this Court.