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.