Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2009

Supreme Court of India · 2009-09-16

Union Of India & Ors vs A.K. Pandey

Citation / case number
AIR 2009 SC (SUPP) 2381
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
A.K. Pandey
Author
R.M. Lodha
Bench
R. M. Lodha, Aftab Alam, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the interval of ninety-six hours between informing an accused of charges and arraignment under Rule 34 of the Army Rules, 1954 is mandatory. The Court found that the respondent's guilty plea did not negate the procedural requirement, and the failure to comply with the rule rendered the General Court Martial proceedings invalid. Consequently, the Court upheld the High Court's decision to quash the proceedings and the punishment awarded to the respondent, reinstating him with all consequential benefits.

Union Of India & Ors vs A.K. Pandey · Niyam