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april 2013

Supreme Court of India · 2013-04-02

UNION OF INDIA vs AJIT SINGH

Citation / case number
SC 2004/13045
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
AJIT SINGH
Author
B.S. Chauhan
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the General Court Martial (GCM) proceedings against the respondent were vitiated due to his status as a juvenile at the time of some offences, in violation of the Juvenile Justice (Care & Protection of Children) Act, 2000. The Court emphasized that under Section 2(12) of the JJ Act, a juvenile cannot be tried in a military court for acts committed while underage. The Court allowed the Union of India to conduct a fresh GCM for offences committed after the respondent turned 18, thereby affirming the High Court's order.

UNION OF INDIA vs AJIT SINGH · Niyam