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.