https://www.taxtmi.com/caselaws?id=178444 Article 20(2) bars only a second prosecution and punishment of a criminal character, so it does not prevent disciplinary or administrative action based on the same facts where the earlier court martial has not resulted in a final criminal conviction or acquittal within the meaning of Section 121 of the Army Act, 1950. Section 162 permits setting aside court-martial proceedings only by the statutorily competent reviewing authority and on merits, not on a mere technical objection; Rule 133 is only a forwarding provision. On that analysis, the purported review was invalid, the double jeopardy plea failed, and the discharge action was not immune from lawful disciplinary steps. en-us Mon, 05 Jan 2015 00:00:00 +0530 Fri, 05 Feb 2016 06:49:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=178444 Article 20(2) bars only a second prosecution and punishment of a criminal character, so it does not prevent disciplinary or administrative action based on the same facts where the earlier court martial has not resulted in a final criminal conviction or acquittal within the meaning of Section 121 of the Army Act, 1950. Section 162 permits setting aside court-martial proceedings only by the statutorily competent reviewing authority and on merits, not on a mere technical objection; Rule 133 is only a forwarding provision. On that analysis, the purported review was invalid, the double jeopardy plea failed, and the discharge action was not immune from lawful disciplinary steps. Case-Laws Indian Laws Mon, 05 Jan 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=178444