JASWANT SINGH vs UNION OF INDIA MINISTRY OF DEFENCE THROUGH ITS SECRETARY

The Supreme Court held that Rule 129 of the Army Rules, 1954 entitles an accused in a Summary Court Martial to legal assistance, and the denial of such assistance based on erroneous interpretation of Regulation 479 was a violation of natural justice. The Court emphasized that the right to legal representation is not limited to cases involving death penalties. The appeal was allowed, and the dismissal and imprisonment imposed on the appellant were set aside, reinstating him in service.