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april 2007

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.

UNION OF INDIA vs S.P.S. RAJKUMAR . · Niyam