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july 2008

Supreme Court of India · 2008-07-10

Bachan Singh vs Union Of India & Ors

Citation / case number
AIR 2009 SC (SUPP) 1362
Court
Supreme Court of India
Petitioner
Bachan Singh
Respondent
Union Of India & Ors
Author
Lokeshwar Singh Panta
Bench
Lokeshwar Singh Panta, C. K. Thakker

Judgment text excerpt

The Supreme Court held that the General Court-Martial (GCM) convened under Section 109 of the Army Act, 1950, was invalid as the appellant, Sepoy Bachan Singh, was not provided with a fair trial, violating principles of natural justice. The Court emphasized that the procedural safeguards under the Act must be adhered to, and any deviation renders the proceedings void. Consequently, the Court upheld the High Court's decision to quash the GCM and restore the appellant to his previous position with all benefits.

Bachan Singh vs Union Of India & Ors · Niyam