Jaswant Singh vs Union Of India Ministry Of Defence ...

The Supreme Court held that the denial of legal assistance to the appellant during the Summary Court Martial violated Rule 129 of the Army Rules, 1954, which entitles an accused to have a person assist them during the trial. The Court found that the Commanding Officer's refusal to allow a civil advocate based on Regulation 479 was erroneous, as Rule 129 explicitly permits such assistance regardless of the severity of the charges. Consequently, the Court set aside the punishment of dismissal and imprisonment imposed on the appellant, emphasizing the importance of adhering to principles of natural justice in military trials.