Supreme Court of India · 2015-01-05
Union Of India & Anr vs Purushottam
- Citation / case number
- AIR 2015 SUPREME COURT 961
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Anr
- Respondent
- Purushottam
- Author
- Vikramajit Sen
- Bench
- Shiva Kirti Singh, Vikramajit Sen
Judgment text excerpt
The Supreme Court held that the review of a Summary Court Martial (SCM) under Section 162 of the Army Act, 1950 must be conducted by a prescribed officer and not by the Deputy Judge-Advocate General, who overstepped his authority. The Court found that the purported review lacked proper authorization and was thus invalid, leading to the reinstatement of the SCM's original sentence of reduction in rank. The judgment emphasized the necessity of adhering to procedural safeguards in military disciplinary proceedings.