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Balbir Singh and anr. Vs. State of Punjab

Court : Supreme Court of India

Reported in : 1995(43)BLJR343; 1994(4)SCALE904; (1995)1SCC90; [1994]Supp5SCR422; 1995(1)LC275(SC)

..... there was no challenge in the cross-examination of pw15 either about the obtaining of the necessary permission from the air force authorities to serve the warrant on the appellant or about the delivery of the custody of the appellant by the air force authorities for being taken to police station dharamkot for trial by the ordinary criminal courts under the code. ..... choice between criminal court and court-martial - when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of [the chief of the air staff], the officer commanding any group, wing or station in which the accused prisoner is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be detained in air force custody.125. ..... be prescribed, in the first instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a 'court martial', to direct that the accused persons shall be detained in air force custody. ..... since, with the full knowledge of the pendency of the criminal case against the member of the air force, the authorities had voluntarily delivered the custody of the appellant, for his trial by the ordinary criminal court, the authorities would be deemed to have exercised the option of not trying the appellant by a court martial. .....

V. Senthil Balaji Vs. The State Represented By Deputy Director

Court : Supreme Court of India

..... , the following additions should (it has been suggested) be made in the aforesaid sections after the word "custody" :-- "including military, naval or air force custody where the accused belongs to any of these services. ..... naval or air force law may be permitted to be remanded to military, naval or air force custody. ..... expressed by the other learned judge: (i) the habeas corpus petition in h.c.p.no.1021 of 2023 shall stand dismissed; (ii) the period from 14.06.2023 till such time the detenu/accused is fit for custody of the respondent shall be deducted from the initial period of 15 days under section 167(2) of the code of criminal procedure; (iii) the detenu/accused shall continue the treatment at cauvery ..... cannot be completed in twenty-four hours: completed in twenty-four hours: (1) whenever it appears that any (1) whenever any person is arrested investigation under this chapter and detained in custody, and it cannot be completed within the appears that the investigation cannot period of twenty-four hours fixed by be completed within the period of section 61, and there are grounds for ..... of continued illegal detention but the incumbent was in judicial custody by virtue of an order passed by the jurisdictional magistrate, which was in force, granting police remand during investigation of a criminal case. ..... the 1898 code ) which was in force prior to the enactment of the crpc, the maximum period for which an accused could be remanded to custody, either police or judicial, was 15 days .....

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

..... instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a court-martial , to direct that the accused persons shall be detained in air force custody. ..... committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through military, naval, air force or coast guard authorities, the magistrate may by a written notice require the commanding officer of such person either to deliver such person to a magistrate to be named in the said notice for being proceeded against ..... rule 4: before proceeding under clause (b) of rule 3, the magistrate shall give a written notice to the commanding officer or the competent military, naval, air force or coast guard authority, as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not :- (a) convict or acquit the accused ..... it was further held that if the criminal court decides to proceed in the matter despite the contrary view of the air force authorities, then the conflict of jurisdiction shall be resolved by the central government under section 125(2) of the said act and the decision of the ..... public order (but not including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in .....

The State Of Sikkim Vs. Jasbir Singh

Court : Supreme Court of India

..... proceedings shall be instituted and if that officer decides that they should be instituted before a court martial , to direct that the accused persons shall be detained in air force custody. ..... code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, navel or air force law, or such other law, shall be tried by a court to which this code applies or by a ..... government to make rules consistent with the crpc and the army act, navy act 1957 and the air force act 1950 and any other law relating to the armed forces of the union, as regards the cases in which persons subject to military, naval or air force law or such other law, shall be tried by a court to which the crpc applies or ..... before proceeding under clause (b) of rule 3, the magistrate shall give a written notice to the commanding officer or the competent military, naval or air force authority, as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not ..... 22 the purpose underlying rule 3 and rule 4 is that unless the magistrate has been moved by a competent military, naval or air force authority, the magistrate must furnish a written notice to the commanding officer or the competent authority, if he is of the opinion that either the trial should proceed before .....

Samrendra Beura Vs. U.O.i. and Others

Court : Supreme Court of India

..... (1) any person subject to this act who is charged with an offence may be taken into air force custody.2) any such person may be ordered into air force custody by any superior officer.3) any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray ..... dipak misra, j.in this writ petition, preferred under article 32 of the constitution of india, the petitioner, an employee of indian air force, who has been found guilty of the offence under section 39(a) of the air force act, 1950 (for brevity the act) and has been awarded sentence to suffer rigorous imprisonment for three months along with other punishments by order dated 15.3.2013 which has been affirmed ..... by the competent authority under section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to release him as he is in illegal detention because he had already spent one and half months in custody ..... have been made by the parliament under the 1950 act and the 1957 act, yet no such amendment has been incorporated in the air force act, 1950. ..... in the army act would equally govern the person sentenced to undergo rigorous imprisonment by the court-martial under the navy act, 1957 (for short the 1957 act) and the air force act. .....

Samrendra Beura Vs. U.O.i. and ors.

Court : Supreme Court of India

..... 3) any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray ..... person may be ordered into air force custody by any superior officer. ..... subject to this act who is charged with an offence may be taken into air force custody. ..... & others ...respondents judgment dipak misra, j.in this writ petition, preferred under article 32 of the constitution of india, the petitioner, an employee of indian air force, who has been found guilty of the offence under section 39(a) of the air force act, 1950 (for brevity the act ) and has been awarded sentence to suffer rigorous imprisonment for three months along with other punishments by order dated 15.3.2013 which has been affirmed ..... by the competent authority under section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to release him as he is in illegal detention because he had already spent one and half months in custody ..... been made by the parliament under the 1950 act and the 1957 act, yet no such amendment has been incorporated in the air force act, 1950. ..... the army act would equally govern the person sentenced to undergo rigorous imprisonment by the court- martial under the navy act, 1957 (for short the 1957 act ) and the air force act. .....

Union of India Vs. Ex Lac Nallam Shiva

Court : Supreme Court of India

..... the fact is that the applicant had already undergone punishment of three months rigorous imprisonment in air force custody and reduction in the rank of lac is a pre-requisite for undergoing such punishment. ..... the respondent was kept in air force custody from 11th november, 2014 to 10th february, 2015 and was dismissed from service on 10th february, 2015 ..... the counsel for the appellants, in all fairness, submits that so long as the respondent is not ordered to be reinstated in the indian air force service and there is no financial implication for the department, he may leave it to the discretion of this court to pass orders as may be deemed appropriate.12 ..... tech of master control centre, air force station basantnagar, an airman of the regular air force, is charged with : - first charge: section 38 (1) af act, 1950 deserting the service in that he, at master control centre, air force station basantnagar, new delhi, having been granted leave of absence from 20 oct 12 to 04 nov 12, did not rejoin his unit on expiry of the said leave, with the intention at the time of leaving or formed thereafter, of ..... the tribunal took note of regulation 754(c) of the defence service regulations for air force and came to hold that the punishment awarded to the respondent was excessive and ..... the respondent submitted a petition under section 161(2) of the air force act, 1950 before the chief of the air staff seeking for his reinstatement which, however, was rejected vide order dated 12th february, .....

Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)

Court : Supreme Court of India

Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785

..... custody' under sub-section (xiii) means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody ..... was kept under open arrest from august 26, 1986 and had escaped from lawful military custody on the intervening night of february 15 and 16, 1987 and voluntarily surrendered on march ..... thereof envisages that where an offence under the act had been committed by any person while subject to the act, and he has ceased to be so subject, he may be taken into and kept in military custody, and tried and punished for such offence as if he continued to be so subject. ..... under sub-section (3) thereof, an officer may order into military custody of any 'officer', though he may be of a higher rank, engaged in a quarrel ..... that where an offence under the act had been committed by any person while subject to the act, and he has ceased to be so subject, he may be taken into and kept in military custody, and tried and punished for such offence as if he continued to be so subject. ..... constitution empowers the parliament to modify the fundamental rights enshrined in part iii in their application to the members of the armed forces or members of the force charged with the maintenance of the public order etc. ..... the respondent having escaped from lawful military custody and prevented the trial from being proceeded with in accordance with law, the maxim nullus commodum capere potest de injuria sua propria squarely applies to the case and he having done .....

Mclucas Vs. Dechamplain

Court : US Supreme Court

..... it imposed restrictions, however, on the use of the documents: they were to be examined only in the presence of persons with appropriate security clearances; no copies were to be made; written notes pertaining to classified information were to remain in air force custody; and the information was not to be discussed with anyone other than those who had been authorized access. ..... the district court for the district of columbia preliminarily enjoined appellants, the secretary of the air force and five air force officers, [ footnote 1 ] from proceeding with page 421 u. s. ..... 1291, 1295 (dc 1973) [ footnote 8 ] following the district court's decision, the air force authorized two consultants selected by dechamplain's counsel to have access to the classified materials that will be in issue at the court-martial, subject to the same restrictions imposed on civilian counsel. ..... the charges were amended, however, to delete all allegations pertaining to three of the classified documents, the air force choosing to forgo prosecution as to these documents, rather than compromise their confidentiality. ..... it further enjoined prosecution "on any and all charges" unless the air force granted "full and unlimited access to all documents relevant and material to the case" to dechamplain's civilian defense counsel "and such legal associates and assistants, subject to an appropriate protective order, as are necessary to said counsel's .....

Rumsfeld Vs. Padilla

Court : US Supreme Court

..... 11 (1955) (next friend of ex-service member in military custody in korea named secretary of the air force as respondent); ex parte endo, 323 u. s. ..... , 2241(d) provides that when a petitioner is serving a state criminal sentence in a state that contains more than one federal district, he may file a habeas petition not only in the district court for the district wherein [he] is in custody, but also in the district court for the district within which the state court was held which convicted and sentenced him; and each of such district courts shall have concurrent jurisdiction to entertain ..... we summed up the plain language of the habeas statute over 100 years ago in this way: [t]hese provisions contemplate a proceeding against some person who has the immediate custody of the party detained, with the power to produce the body of such party before the court or judge, that he may be liberated if no sufficient reason is shown to the contrary. ..... footnote 3 also on june 9, the government notified the district court ex parte of the president s order; informed the court that it was transferring padilla into military custody in south carolina and that it was consequently withdrawing its grand jury subpoena of padilla; and asked the court to vacate the material witness warrant. ..... 11 (1955) (court-martial convict held in korea sued secretary of the air force in the district of columbia). ..... 11 (1955) (court-martial convict detained in korea named secretary of the air force as respondent); burns v. .....