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january 2023

Supreme Court of India · 2023-01-31

JOSEPH SHINE vs UNION OF INDIA SECRETARY

Citation / case number
SC 2020/24369
Court
Supreme Court of India
Petitioner
JOSEPH SHINE
Respondent
UNION OF INDIA SECRETARY
Author
HON'BLE MR. JUSTICE K.M. JOSEPH
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH, HON'BLE MR. JUSTICE AJAY RASTOGI, HON'BLE MR. JUSTICE ANIRUDDHA BOSE, HON'BLE MR. JUSTICE HRISHIKESH ROY, HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Judgment text excerpt

The Supreme Court addressed a miscellaneous application seeking clarification on the applicability of certain provisions of military service laws to personnel subject to the Army, Navy, and Air Force Acts, in light of the judgment in Joseph Shine v. Union of India (2019). The Court allowed intervention and clarified that acts by armed forces personnel are governed by their respective special legislations, considering discipline and duty requirements. The applicant sought to understand the implications of the Court's decision on the constitutionality of Section 497 IPC concerning armed forces personnel. The Court emphasized the distinct legal framework applicable to military personnel and upheld the independence of their disciplinary laws.

JOSEPH SHINE vs UNION OF INDIA SECRETARY · Niyam