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.