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september 2009

Supreme Court of India · 2009-09-16

UNION OF INDIA vs A.K. PANDEY

Citation / case number
SC 2001/17787
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
A.K. PANDEY

Judgment text excerpt

The Supreme Court addressed the validity of General Court Martial proceedings under the Army Act, 1950, specifically examining Rule 34 of the Army Rules, 1954, which mandates a minimum interval of ninety-six hours between informing the accused and arraignment. The Court held that non-compliance with this rule could prejudice the accused's trial, thus quashing the proceedings and the resultant punishment. The decision of the High Court was upheld, reinforcing the necessity of adhering to procedural safeguards in military trials.

UNION OF INDIA vs A.K. PANDEY · Niyam