Bachan Singh Vs. Union of India (Uoi) and ors. - Court Judgment

Excerpt:
.....convene gcm for trial of any person under his command. order convening gcm passed by officiating general officer commanding 16 corps - held gcm has been convened by competent authority in accordance with provisions of section 109. constitution of india -- article 226: [c.k.thakker & lokeshwar singh panta,jj] validity of convening general court martial being questioned - judicial review-scope of in the instant case, proceedings were recorded by the gcm in the presence of the appellant, his defending officer and other witnesses. the statements of army officers were recorded by the gcm on behalf of the prosecution in support of the charge in the presence of the appellant. the appellant was afforded full opportunity of cross examining the witnesses but he did not avail of the said..........court martial under army act orders by ic-5095p major general k. mahipat sinhji officiating general officer commanding 16 corps. place: field date:15 december, 1981.no. 3973649a sepoy the details of officers mentionedbachan singh 2nd below will assemble at field onbatallion the dogra the sixteenth day of decemberregiment 1981 for the purpose of trying bya general court martial theaccused person named in themargin (and such other person orpersons as may be brought beforethem.) the senior officer to sit as presiding officer.membersic-7757l brig. talwar harjeet - cdr 191 inf bdeic-12716l lt. col. borkar, mukand narasinha -oc 1890 indep lt bty.ic-28737l maj vohra, satyendra mohan - 2 sikhic-25247m capt jagmal singh - 37 med regtic-34139k capt ranjit barkakoty - 81 armd regt.waiting.....

Judgment:
ORDER

FOR THE ASSEMBLY OF A

GENERAL COURT MARTIAL UNDER ARMY ACT

Orders by IC-5095P Major General K. Mahipat Sinhji Officiating General Officer Commanding 16 Corps.

Place: Field Date:15 December, 1981.No. 3973649A Sepoy The details of officers mentionedBachan Singh 2nd below will assemble at Field onBatallion The Dogra the Sixteenth day of DecemberRegiment 1981 for the purpose of trying bya General Court Martial theaccused person named in themargin (and such other person orpersons as may be brought beforethem.) The Senior Officer to sit as Presiding Officer.

MEMBERS

IC-7757L Brig. Talwar Harjeet - Cdr 191 Inf Bde

IC-12716L Lt. Col. Borkar, Mukand Narasinha -

OC 1890 Indep Lt Bty.

IC-28737L Maj Vohra, Satyendra Mohan - 2 SIKH

IC-25247M Capt Jagmal Singh - 37 Med Regt

IC-34139K Capt Ranjit Barkakoty - 81 Armd Regt.

WAITING MEMBERS

IC-13474A Lt Col. Brar, Surjit Singh - OC 28 EME Bn

IC-24826M Gill Mohanjit Singh - 8 CAV

IC-35033K Capt Hari Mohan Joshi - 374 Sig Regt

JUDGE ADVOCATE

IC-36504Y Maj Deosthale Jayant Kumar - DAJAG

HQ Northern Command is appointed Judge Advocate

PROSECUTOR

IC-29015L Maj Valentine, Joseph Melvin - 9 MADRAS

appointed prosecutor

The accused will be warned, and all witnesses duly required to attend. The proceedings (of which only three copies are required) will be forwarded to Headquarters, 16 Corps, through DJAG Headquarters Northern Command.

Signed this fifteenth day of December, 1981.

Sd/-

(R.K. Kashyap)

Lieutnant Colonel

Assistant Ad-jutant General for

Officiating General Officer Commanding

16 Corps

The charge sheet reads as under:

CHARGE SHEET

The accused No. 3973649A Sep Bachan Singh, 2nd Batallion The Dogra Regiment is charged with:

Army Act AN ACT PREJUDICIAL TO GOOD