DEFENCE SERVICES: “Let Adultery Remain Crime In Armed Forces”: Supreme Court Accepts Centre’s Plea …

“Let Adultery Remain Crime In Armed Forces”: Supreme Court Accepts Centre’s Plea
Supreme Court for command role for women Army officers, raps Centre over ‘sex stereotypes’
Order Convening General Court Martial Can Be Challenged Before AFT, Holds SC
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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“Let Adultery Remain Crime In Armed Forces”: Supreme Court Accepts Centre’s Plea

Centre had moved to the top court to explain that decriminalising adultery for armed forces may cause instability among personnel who stay away from family.
Thelogicalindian.com
14 Jan 2021
The Supreme Court of India, on Wednesday, accepted the Centre’s plea asking not to decriminalise adultery in armed forces. Centre had moved to the top court to explain that this may cause instability among personnel who stay away from family. The government told the court that the main reason to let adultery remain a crime in armed forces is that for Army personnel who operate in challenging conditions away from families, there is always a concern about the “family indulging in an untoward activity”. Read more …

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Supreme Court for command role for women Army officers, raps Centre over ‘sex stereotypes’

Citing cases of women’s contribution to the armed forces, the apex court said that the Centre should grant permanent commission to women officers.
Indianexpress.com
February 17, 2020
The Supreme Court on Monday criticised the central government for not following the Delhi High Court’s 2010 order granting permanent commission to women Army officers and said the submissions of Centre against it were based on “sex stereotypes”. Upholding the high court’s order, the apex court said that the permanent commission will apply to all women officers in the Army in service, irrespective of their years of service. … …

Order Convening General Court Martial Can Be Challenged Before AFT, Holds SC

Livelaw.in
Nov 28, 2019
The Supreme Court has held that an order convening a General Court Martial can be challenged before an Armed Forces Tribunal.
Assailing an order of the Tribunal, the Union of India had approached the Apex Court contending that an order by which the General Court Martial was  convened cannot be the subject matter of an appeal before the Tribunal. It was urged that the jurisdiction of the Tribunal is only for adjudication of complaints and disputes regarding service matters and appeals arising out of the verdicts of the Court Martial. …

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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