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april 2000

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.

Union Of India & Anr vs Charanjit S. Gill & Ors · Niyam