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.