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DEFENCE SERVICES: Army personnel entitled for legal representation during summary court martial: SC; Brigadier to be cashiered, to undergo 3 years’ RI …

Army personnel entitled for legal representation during summary court martial: SC
Brigadier to be cashiered, to undergo 3 years’ RI for affair with colonel’s wife

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Army personnel entitled for legal representation during summary court martial: SC

Dec 23, 2018 : Dtf.in
The submission which was urged, before Hon’ble Supreme Court, on behalf of the appellant was that there was a violation of the principles of natural justice in conducting the Summary Court Martial. The submission was based on the provisions of Rule 129 of the Army Rules, 1954. The appellant sought the assistance of a civil advocate which was denied.
Hon’ble Supreme Court, in its judgment dated 10.12.2018, has held as under:-
“In the present case, the appellant had rendered seven years of service. He was pitted against his Commanding Officer. In the face of Army Rule 129, there was no reason to deny him the benefit of legal representation which he desired at his own expense.
For these reasons, we are of the view that there was a clear violation of the principles of natural justice. The prejudice too is evident. The appellant was dismissed from service and sentenced to six months’ imprisonment. Both his livelihood and liberty were taken away.
In the circumstances, we allow the appeal … …
It is clarified that we have interfered with the order only on the ground of a violation of the principles of natural justice. It would be open to the Respondents to take further steps as may be permissible in accordance with law.”
See Supreme Court Judgement >>> SC Judgement dated 10.12.2018 – Jaswant Singh Vs. Union of India and Anr. >>> Supreme Court Judgments

Timesofindia.indiatimes.com
Dec 30, 2017 
NEW DELHI: A general court martial (GCM) has ordered that a brigadier found guilty of committing adultery with a colonel’s wife be cashiered from service and undergo three years’ rigorous imprisonment, revising the lighter punishment earlier awarded to the senior officer after intervention from the Army headquarters in New Delhi. …

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