Court-martial limitation under the Army Act runs from knowledge of misconduct and can bar belated trial orders.
Section 122 of the Army Act bars commencement of court-martial trial after three years from the offence, or from the first date when the offence is known to the aggrieved person or competent authority, whichever is earlier. On the facts, the officer's letter dated 13.08.2015 showed awareness of the alleged misconduct and identified the alleged offender, so limitation ran from that date. The order dated 22.11.2018 directing trial by General Court Martial was therefore time-barred and set aside. The disciplinary proceedings arising from the charge-sheet were nevertheless allowed to continue in accordance with law, as judicial review did not extend to merits absent legal or procedural infirmity.
Issues: Whether the order directing trial by General Court Martial was barred by limitation under Section 122 of the Army Act, 1950.
Analysis: Section 122 bars commencement of a court-martial trial after three years from the date of the offence, or where the offence was not earlier known to the aggrieved person or competent authority, from the first date on which such knowledge is acquired, whichever is earlier. On the facts, the aggrieved officer's letter dated 13.08.2015 itself showed awareness of the alleged misconduct and identified the appellant as the alleged offender. That date was therefore the point from which limitation began to run. The convening authority's order dated 22.11.2018 directing trial by General Court Martial was passed beyond the three-year period. The Court also clarified that, while the court-martial proceedings were time-barred, the disciplinary proceedings flowing from the charge-sheet could continue in accordance with law, as judicial review does not extend to examination of merits in the absence of legal or procedural infirmity.
Conclusion: The direction for trial by General Court Martial was barred by limitation and was set aside, but the disciplinary proceedings were permitted to continue.
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