1987 (10) TMI 374 - SC - Indian Laws

Military Justice Overhaul: Appeal Quashes Summary Court-Martial, Restores Appellant's Rights and Benefits.

The appeal was allowed, and the HC's order was set aside, quashing the Summary Court-Martial proceedings. The appellant was entitled to reinstatement with ... Scope and content of the procedural safe-guards in Section 130 of the Indian Army Act, 1950 ('Act') in the conduct of the Courts- Martial - imposing the punishment of dismissal from service and a sentence of an year's rigorous imprisonment on the appellant - HELD THAT:- The 'Act' constitutes a special law in force conferring a special jurisdiction on the Court-Martial prescribing a special procedure for the trial of the offences under the 'Act'. Chapter VI of the 'Act' comprising of sections 34 to 68 specify and define the various offences under the 'Act'. Sections 7] to 89 of Chapter VII specify the various punishments. Rules 106 to 133 of the Army Rules 1954 prescribe the procedure of, and before, the Summary Court- Martial. The Act and A the Rules constitute a self contained Code, specifying offences and the procedure for detention, custody and trial of the offenders by the Courts-Martial. The mere circumstance that the appellant was, at the relevant point of time, serving a sentence of imprisonment and could not therefore, be said to be in 'active service' does not detract from the fact that he was still 'a person subject to this Act.' This is clear from the second clause of Section 41(2) which refers to offences committed when not in 'active service'. The difference is in the lesser punishment contemplated. We are, therefore, unable to appreciate the appositeness of this contention of Shri Sinha. The doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the Court- Martial, if the decision of the Court even as to sentence is an outrageous defiance of B logic, then the sentence would not be immune from correction. Irrationality and perversity are recognised grounds of judicial review. In the present case the punishment is so strikingly disproportionate as to call for and justify interference. It cannot be allowed to remain uncorrected in judicial review. Appeal allowed. Issues Involved:1. Compliance with procedural safeguards under Section 130 of the Indian Army Act, 1950.2. Alleged bias of the commanding officer in the Court-Martial proceedings.3. Applicability of 'active service' status during imprisonment.4. Interpretation of disobedience under Section 41 of the Indian Army Act.5. Proportionality of the punishment imposed by the Summary Court-Martial.Issue-wise Detailed Analysis:1. Compliance with Procedural Safeguards under Section 130 of the Indian Army Act, 1950:The appellant challenged the Summary Court-Martial proceedings on the grounds of non-compliance with Section 130 of the Indian Army Act, which mandates that the accused be given an opportunity to object to the members of the Court-Martial. The judgment highlighted that the records of the proceedings did not indicate that the appellant was asked if he objected to any officer sitting on the Court-Martial. This omission was deemed a basic infirmity that compromised the fairness of the trial. The court emphasized that procedural safeguards in the Act are essential given the extensive powers of the Court-Martial and the severe consequences for those subject to its jurisdiction. The non-compliance with Section 130 was considered a jurisdictional defect that invalidated the proceedings.2. Alleged Bias of the Commanding Officer in the Court-Martial Proceedings:The appellant argued that the commanding officer, Respondent 4, exhibited bias during the Court-Martial. The court examined whether a reasonable person, possessing relevant information, would perceive a likelihood of bias. The judgment cited established legal principles, noting that the essence of a fair trial requires impartiality and the absence of bias. The court concluded that the participation of Respondent 4, given the antecedent events, rendered the proceedings coram non-judice, meaning they were conducted without proper jurisdiction due to the likelihood of bias.3. Applicability of 'Active Service' Status During Imprisonment:The appellant contended that while serving a sentence of imprisonment, he was not in 'active service,' thereby questioning the applicability of the charge of disobeying a lawful command. The court clarified that being under a sentence did not exclude the appellant from being a 'person subject to this Act.' The distinction lies in the lesser punishment for offences committed when not in active service, but the status of being subject to the Act remains unaffected.4. Interpretation of Disobedience under Section 41 of the Indian Army Act:The appellant's refusal to eat food was charged as disobedience under Section 41 of the Act. The court acknowledged the high discipline required in the Armed Forces, where even seemingly minor acts could signify defiance. However, the court did not find it necessary to decide on this contention given the findings on other issues, particularly the procedural and bias-related infirmities.5. Proportionality of the Punishment Imposed by the Summary Court-Martial:The court addressed the issue of whether the punishment was disproportionate to the offence. It emphasized that judicial review focuses on the decision-making process rather than the decision itself. The punishment must align with the offence and offender, avoiding vindictiveness or undue harshness. The court found the punishment so disproportionate that it justified interference, citing principles of proportionality and rationality in judicial review. The sentence was deemed an outrageous defiance of logic, warranting correction.Conclusion:The appeal was allowed, setting aside the High Court's order and quashing the Summary Court-Martial proceedings and consequent orders. The appellant was entitled to reinstatement with all monetary and service benefits, underscoring the importance of procedural fairness and proportionality in military justice.