VidhiSangh

Supreme Court of India · 09/09/2024

UNION OF INDIA & ORS. versus LT. COL. RAHUL ARORA

[2024] 9 S.C.R. 186 · 2024 INSC 672

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Summary

The Supreme Court upheld the High Court's setting aside of a General Court Martial's findings and dismissal of an Army Medical Corps officer, holding that appointing a Judge Advocate junior in rank to the accused officer, without recording in the convening order (as dispatched and supplied) the non-availability of an officer of equal or higher rank, vitiates the court martial and is not cured by Army Rule 103.

Issues

  1. Whether the court martial was vitiated because the Judge Advocate was junior in rank to the officer facing trial.
  2. Whether a reason for appointing a junior officer, added to the convening order after it had been signed and dispatched, satisfied the exception recognised in Union of India v. Charanjit Singh Gill.
  3. Whether Army Rule 103 saved the court martial despite the defect in the Judge Advocate's appointment.

Provisions considered

Held

Result

Appeal by the Union of India dismissed; the High Court's order setting aside the Armed Forces Tribunal's order and the court martial's findings and sentence stands.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 186.