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| HC quashes life-imprisonment awarded by SGCM | | | Early Times Report
Jammu, Jan 07- Justice JP Singh of J&K High Court has quashed the findings, conviction and sentence recorded by Summary General Court Martial convened on November 5, 2005 for trial proceedings against Lok Nath Singh Sepoy of ASC Bn, for killing his colleague Sepoy Binu Kumar and confirmed by the authorities under the Army Act.
Justice Singh while quashing the life imprisonment awarded by the Summary General Court Martial directed the respondent to reinstate petitioner to his rank and service with all benefits which would have accrued to him but for his trial conviction and sentence the proceedings taken against him under Army Act. Court further issued direction to the State to release the petitioner from custody forthwith if not required in any other case.
The Court also quashed the warrants of detention issued by the Summary General Court Martial as the SGCM convened by the authority was not competent to convene the same in terms of section 112 (2) of Army Act.
In his 27 page approved for reporting judgment, Justice Singh observed that petitioner had at the very outset raised special plea to jurisdiction of the SGCM and even thereafter on every occasion raised the question of the jurisdiction of the SGCM. His plea was however, erroneously rejected and was even otherwise not properly addressed to by the Sub-Area Commander who in the fact and circumstances was required to exercise the alternative opinion u/s 157 of Act to refer the case the for consideration by an authority superior to him, his very jurisdiction stood questioned in the proceedings. This having not been done, prejudice was caused to the petitioner right from the very beginning in getting his trial from a proper convened forum.
According to the facts of the case NK Bisania Company Commander lodged a report with P/S Bari-Brahmana, informing it about the murder of Sepoy Binu Kumar, in the premises of the company. Proceedings u/s 174 of J&K Code of Criminal Procedure was initiated on this report. The proceedings later resulted into registration of FIR NO 169/2003 u/s 302 of RPC at P/S Bari-Brahmana. The final police report was presented before the Judicial Magistrate Samba, who committed it to the Court of Sessions at Jammu when, on exercise of option, the case was transferred to the Army Authorities. Commander 71 Sub-Area Brigadier Avinash Chander Soneja ordered convening of the Summary General Court Martial for petitioner’s trial and awarded life imprisonment against the accused. Aggrieved with the judgment, the petitioner filed petition in the High Court which was disposed off today. JNF
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