Supreme Court of India · 2007-04-24
UNION OF INDIA vs S.P.S. RAJKUMAR .
- Citation / case number
- SC 2002/20329
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- S.P.S. RAJKUMAR .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & LOKESHWAR SINGH PANTA
Judgment text excerpt
The Supreme Court held that the General Court Martial (GCM) proceedings against Group Captain S.P.S. Rajkumar were vitiated due to the Judge Advocate being junior in rank, violating the principles established under the Army Act, 1950 and the Army Rules, 1954. The Court emphasized that the Judge Advocate must be of equal or superior rank to the accused, as per the ruling in Union of India v. Charanjit S. Gill (JT 2000 (5) SCC 135). The Court upheld the High Court's decision to quash the dismissal and allowed for fresh GCM proceedings, thereby reinforcing the procedural safeguards in military trials.