2008 (8) TMI 797 - SUPREME COURT

Validity of a Court Martial proceeding questioned - Held that:- Appeal allowed. The High Court in its impugned judgment proceeded to consider the issue on a technical plea, namely, no prejudice has been caused to the appellant by such non-examination. If the basic principles of law have not been complied with or there has been a gross violation of the principles of natural justice, the High Court should have exercised its jurisdiction of judicial review. Before a court martial proceeding is convened, legal requirements therefor must be satisfied. Satisfaction of the officer concerned must be premised on a finding that evidence justified a trial on those charges. Such a satisfaction cannot be arrived at without any evidence. If an order is passed without any evidence, the same must be held to be perverse.

The High Court was also not correct in opining that the appellant did not raise any objection in the said proceedings. Thus the impugned judgment in regard to the charge Nos.1, 2 and 3 cannot be sustained. They are set aside accordingly. It has not been disputed that witnesses for proving charge Nos.4 to 7 have been examined. The General Court Martial Proceedings shall continue in respect of charge Nos.4 to 7 and not in respect of charges No.1 to 3