Supreme Court of India · 2016-07-05
Union Of India & Ors vs Vishav Priya Singh
- Citation / case number
- AIR 2016 SUPREME COURT 3726
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Vishav Priya Singh
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, T.S. Thakur
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that the trials conducted under the Army Act were invalid due to lack of jurisdiction, specifically citing Section 40(a) and Section 41(2) of the Army Act. The Court established that a commanding officer cannot try a subordinate from a different regiment, rendering the proceedings coram non judice. Consequently, the appeals by the Union of India were dismissed, affirming the High Court's decisions in favor of the petitioners.