Supreme Court of India · 2007-04-19
PRADEEP SINGH vs U.O.I.
- Citation / case number
- SC 1999/15942
- Court
- Supreme Court of India
- Petitioner
- PRADEEP SINGH
- Respondent
- U.O.I.
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & LOKESHWAR SINGH PANTA
Judgment text excerpt
The Supreme Court upheld the dismissal of a writ petition challenging the proceedings of a Summary Court Martial under Section 39A of the Army Act, 1950. The Court found that the officiating Commanding Officer was competent to convene the court martial as per Section 3(v) of the Act, and the appellant was provided adequate legal assistance during the trial. The Court also ruled that the appellant's absence without leave justified the withdrawal of his acting rank of Naik, and the claim of double jeopardy was dismissed as unfounded. The appeal was therefore dismissed, affirming the High Court's decision.