Supreme Court of India · 1990-12-21
CHIEF OF ARMY STAFF AND ORS. vs MAJOR S.P. CHADHA
- Citation / case number
- SC 1990/77073
- Court
- Supreme Court of India
- Petitioner
- CHIEF OF ARMY STAFF AND ORS.
- Respondent
- MAJOR S.P. CHADHA
- Author
- M.H. KANIA
- Bench
- M.H. KANIA
Judgment text excerpt
The Supreme Court held that under Section 127 of the Army Act, 1950, a person can be tried by a criminal court after a Court-Martial, provided there is prior sanction from the Central Government. The Court found that the respondent's trial by a General Court-Martial was not completed, thus allowing for his subsequent trial by a civil court. The appeal was allowed, and the High Court's decision to restore the respondent's acting rank and revoke his suspension was overturned.