Supreme Court of India · 2016-07-05
UNION OF INDIA vs VISHAV PRIYA SINGH
- Citation / case number
- SC 2008/21703
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- VISHAV PRIYA SINGH
- Author
- UDAY UMESH LALIT T.S. THAKUR
- Bench
- UDAY UMESH LALIT T.S. THAKUR
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that the disciplinary proceedings against Ex. L Nk Vishav Priya Singh were invalid due to lack of jurisdiction, as he was tried by a commanding officer not from his regiment, violating Section 41(2) of the Army Act. The Court emphasized that a trial conducted by an unauthorized officer is coram non judice, rendering the conviction and sentence void. Consequently, the appeals by the Union of India were dismissed, affirming the High Court's decision to quash the disciplinary actions taken against the respondent.