Supreme Court · 2009 INSC 837 · Decided 20 May 2009
Union of India & ANR. v. EX. Major Sudershan Gupta
- Court
- Supreme Court of India
- Citation
- 2009 INSC 837 · [2009] 9 S.C.R. 584
- Case number
- CIVIL APPEAL No. 4418/2004
- Decided
- 20 May 2009
- Bench
- MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
-t Armed Forces - Court martial - Order of convening the c General Court Martial - Legality/validity of - Held: Records of the Convening Authority were not available, and as such it could not be decided whether the competent Authority applied its mind while passing the convening order- the records pursuant to the prevailing Rule that records of. all court martial proceedings should be retained .. D only for a period of seven ye~.rs - However, writ petition was ~ filed before expiry of seven years and since matter was sub- judice, Army Authorities were required to preserve the
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