TaxTMI 
TaxTMI 
2019 (7) TMI 1841
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....gional Bench dated 7 December 2015. The appellant was enrolled on 29 October 1996 in the 43 Armed Brigade and was at the material time posted as Acting Lance Dafadar "ALD". It is alleged that on 11 August 2007 while on duty for cleaning the service area in the morning, the appellant entered the residence of a colleague and while his spouse was washing her son, placed his hands on her shoulder. 3 A Summary Court Martial "SCM" took place on 22 May 2008 during the course of which evidence was recorded. The appellant was held guilty and was dismissed from service. Among those who deposed during the SCM were the victim and her husband. 4 The Armed Forces Tribunal, while holding that the charge had been duly established, came to the conclus....
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....mitted that there is no occasion for this Court to review the pure findings of fact which have been affirmed by the Armed Forces Tribunal. Moreover, it was urged that the judgment in Vishav Priya Singh (supra) has since been clarified in the course of a review so as to be applicable on and from 5 July 2016, whereas the incident in question dates back to August 2007. 8 In the exercise of its appellate jurisdiction, this Court would be circumspect in reassessing the evidence when the Armed Forces Tribunal has duly applied its mind to the findings of fact. We have also duly assessed the submission of the appellant that in the present case, the appellant had lodged a complaint in the past against the spouse of the victim for pilferage of pet....
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....el and upwards, and three months if such officer is below that rank." 10 These provisions were interpreted in the decision in Ex-Havildar Ratan Singh (supra). Subsequently in Vishav Priya Singh (supra), a three judge Bench of this Court, while interpreting Section 120, has observed thus: "19. Section 116 of the Act empowers the CO of any Corps, Department and Detachment of the regular Army to hold an SCM and specifically states that he alone shall constitute the Court. Sub-Section (2) then prescribes that the proceedings shall, however, be attended through-out by two other persons specified therein. However, such persons are not to be sworn or affirmed. Unlike Sections 113, 115 and 114, where composition of the Court-Martial con....
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....ct, 2007." 11 In a review petition Review Petition No 3927 of 2016 filed by the Union of India, the earlier judgment was clarified on 16 February 2017 in the following terms: "...... the requirement, as stipulated in aforesaid paragraphs 20 and 33, of recording reasons for convening Summary Court Martial, shall apply on and with effect from the date of the Judgment namely from 05.07.2016. Except for this clarification, we are satisfied, that no case for review of the judgment dated 05.07.2016 has been made out." 12 The above clarification indicates that the requirement of recording reasons for convening a Summary Court Martial shall apply from 5 July 2016. However, the fundamental principle of law which has been enunciated is....