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january 2015

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.

Union Of India & Anr vs Purushottam · Niyam