VidhiSangh

Supreme Court of India · 10/12/2018

JASWANT SINGH versus UNION OF INDIA & ANR.

[2018] 13 S.C.R. 1312 · 2018 INSC 1182

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Summary

The Supreme Court set aside a Summary Court Martial decision and the Armed Forces Tribunal’s judgment because a sepoy was wrongly denied the legal assistance he sought at his own expense. Army Rule 129 conferred an option to obtain assistance, unrestricted to capital charges. The resulting loss of livelihood and liberty demonstrated prejudice. Further lawful steps remained open to the authorities.

Issues

  1. Whether legal assistance under Rule 129 could be refused because the Summary Court Martial did not involve an offence punishable with death.
  2. Whether the denial caused prejudice requiring the disciplinary decision to be set aside.

Provisions considered

Held

Result

Appeal allowed without costs; Armed Forces Tribunal judgment and decision based on the Summary Court Martial set aside. Further steps in accordance with law left open to the respondents.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1312.