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october 1995

Supreme Court of India · 1995-10-16

UNION OF INDIA vs IQBAL SINGH CHEEMA

Citation / case number
SC 1992/84426
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
IQBAL SINGH CHEEMA
Author
G.N. RAY
Bench
G.N. RAY

Judgment text excerpt

The Supreme Court held that the constitution of the Court Martial against I.S. Cheema under the Border Security Force Act, 1968 was valid, as it complied with the requirement of including officials not below the rank of Commandant. The Court clarified that a Commandant (Selection Grade) does not have a superior claim over a Commandant not in the Selection Grade, thus rejecting Cheema's argument regarding the composition of the Court Martial. The Court overturned the Gauhati High Court's decision that had interfered with the dismissal order, affirming the legality of the Court Martial proceedings.

UNION OF INDIA vs IQBAL SINGH CHEEMA · Niyam