Supreme Court of India · 2000-04-24
Union Of India & Anr vs Charanjit S. Gill & Ors
- Citation / case number
- AIR 2000 SUPREME COURT 3425
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Anr
- Respondent
- Charanjit S. Gill & Ors
- Bench
- R.P. Sethi, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court held that the proceedings of a General Court Martial (GCM) against the respondent were invalid due to the Judge Advocate being of lower rank than the accused, violating the principles of natural justice under the Army Act. The Court emphasized that the GCM's decision was quashed, but the authorities were permitted to initiate fresh proceedings if deemed appropriate. The appeal was dismissed, upholding the High Court's decision to set aside the GCM's order and allowing for potential re-initiation of proceedings in accordance with law.