Supreme Court · 1991 INSC 300 · Decided 19 November 1991
Ex-Havildar Rat An Singh v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 1991 INSC 300 · [1991] SUPP. 2 S.C.R. 370
- Case number
- CRIMINAL APPEAL No. 710/1991
- Decided
- 19 November 1991
- Bench
- L.M. SHARMA, J.S. VERMA, S.C. AGRAWAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 226
Headnote
Army Act, 1950: Section 3(x), 34(a)(h), 36 and 120. Summary Court Martial-Jurisdiction of--Havildar engaged in armed action against militants-Charge of running away in a cowardly manner C and leaving the post without permission of superior-Nature of offence and jurisdiction-Held offence covered by jurisdiction. The appellant, a Havildar, was charge-sheeted on the gro~d that during an armed action against a group of militants whenithe D militants opened fire he ran away in a cowardly manner and left his post without permission of his superior. The. respondent-authorities proceeded on
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