Supreme Court of India · 1963-12-12
RAM SARUP vs THE UNION OF INDIA AND ANOTHER
- Citation / case number
- SC 1963/321
- Court
- Supreme Court of India
- Petitioner
- RAM SARUP
- Respondent
- THE UNION OF INDIA AND ANOTHER
- Bench
- SINHA, BHUVNESHWAR P.(CJ),WANCHOO, K.N.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court upheld the death sentence of the petitioner under Section 69 of the Army Act read with Section 302 IPC, affirming that there was no violation of the right to counsel as the petitioner did not request representation. The Court clarified that the provisions of Section 125 of the Army Act do not infringe Article 14 of the Constitution, and the discretion of military officers in deciding the trial forum is guided by service exigencies. The Court also noted that the Army Act provisions do not become void even if they affect fundamental rights under Article 33 of the Constitution.