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december 1997

Supreme Court of India · 1997-12-08

UNION OF INDIA vs IC-14827 MAJOR A. HUSSAIN

Citation / case number
SC 1995/348
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
IC-14827 MAJOR A. HUSSAIN
Author
D.P. WADHWA SUJATA V. MANOHAR
Bench
D.P. WADHWA SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the court martial proceedings against Major Arshad Hussain under the Army Act, 1950, specifically citing Section 63. The Court found that the respondent was denied a reasonable opportunity to defend himself, as required by Army Order 70/84, due to the failure to communicate conclusions from the inquiry and provide necessary documents. Consequently, the Court affirmed the High Court's ruling that the court martial proceedings were invalid and the confirmation of the sentence was set aside.

UNION OF INDIA vs IC-14827 MAJOR A. HUSSAIN · Niyam