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october 1987

Supreme Court of India · 1987-10-15

RANJIT THAKUR vs UNION OF INDIA AND ORS.

Citation / case number
SC 1987/71041
Court
Supreme Court of India
Petitioner
RANJIT THAKUR
Respondent
UNION OF INDIA AND ORS.
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that the proceedings of the Summary Court-Martial against the appellant, a Signal Man, were vitiated due to non-compliance with Section 130(1) of the Army Act, 1950, which mandates an opportunity to challenge the constitution of the Court-Martial. The Court emphasized that procedural safeguards must align with the severity of the jurisdiction exercised, and failure to adhere to these safeguards invalidates the proceedings. The appeal was allowed, and the punishment was deemed disproportionate and indicative of bias, rendering the judgment a nullity.

RANJIT THAKUR vs UNION OF INDIA AND ORS. · Niyam