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july 2023

Supreme Court of India · 2023-07-27

NO. 15138812Y L/NK GURSEWAK SINGH vs UNION OF INDIA

Citation / case number
SC 2019/41324
Court
Supreme Court of India
Petitioner
NO. 15138812Y L/NK GURSEWAK SINGH
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The appellant, a Lance Naik in the Indian Army, was convicted by a Court Martial for murder under Section 302 of the IPC read with Section 69 of the Army Act, and sentenced to life imprisonment and dismissal from service. The appellant challenged the conviction and sentence through multiple legal remedies, including petitions before the Army authorities, the Armed Forces Tribunal, and the High Court. The High Court ultimately dismissed the appellant's writ petition, affirming the conviction and sentence. The case underscores the procedural avenues available for military personnel to challenge Court Martial decisions and the courts' deference to military tribunals' judgments.

NO. 15138812Y L/NK GURSEWAK SINGH vs UNION OF INDIA · Niyam