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november 1972

Supreme Court of India · 1972-11-27

CAPTAIN HARISH UPPAL vs UNION OF INDIA AND OTHERS

Citation / case number
SC 1972/60342
Court
Supreme Court of India
Petitioner
CAPTAIN HARISH UPPAL
Respondent
UNION OF INDIA AND OTHERS
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that the procedure under Section 158 of the Army Act was followed correctly in the reconsideration of the petitioner's sentence. The Court found no violation of the principle of natural justice, as the petitioner failed to appear before the Court Martial during the fresh proceedings. The Court emphasized that Article 21 of the Constitution was the only relevant provision in this context, and the circumstances necessitating reconsideration were justified. The petition challenging the legality of the order was dismissed.

CAPTAIN HARISH UPPAL vs UNION OF INDIA AND OTHERS · Niyam