Supreme Court · 2009 INSC 1139 · Decided 16 September 2009
Union of India & ORS. v. A K. Pandey
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1139 · [2009] 14 S.C.R. 528
- Case number
- CIVIL APPEAL No. 6181/2002
- Decided
- 16 September 2009
- Bench
- B.N. AGRAWAL, AFTAB ALAM, RAJENDRA MAL LODHA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
· Army Rules, 1954 - Ri.Jle · 34 -·Provision regarding ii>. interval of ninety-six hours from the service of the charge for ~ c which accused is to be tried and his arraignment - Na.ture of - Held: Is absolute and mandatory - Time frame has definite : ' purp·ose and . observance would vitiate the entire proceedings - On facts, time interval of ninety-six hours as provided in Rule 34 not . + D complied with - Accused having pleaded guilty of charges; is immaterial - Thus, order of courts below quashing and setting aside the General Court Martial proceedings,
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