Lekha G
The Nagpur Bench of Bombay High Court comprising Justices Sunil Shukre and Avinash Gharote quashed martial proceedings of a retired Army Colonel Ivan Singh.
The Petitioner, through Senior Counsel Subodh Dharmadikari and Akshay Sudame had approached the High Court by filing habeas corpus petition challenging Section 123 of Army Act against him and also his release from custody.
Mr. Singh contended that on his complaint, a “Staff Court of Inquiry” was ordered against Colonel Udai Barawkar, regarding the allegations of illegalities and irregularities and that the same was dropped without citing proper reasons.
On April 16, 2020 Mr. Singh was issued a show cause notice asking him to explain why his services should not be terminated. Consequently, Mr. Singh challenged the same.
In January 2021, Mr. Singh was taken into military custody at Tezpur, Assam for the purpose of conducting a court martial and provisions of Section 123 of the Army Act was invoked against him. Mr. Singh challenged his arrest through his Counsel.
The Judges held that as no offence was alleged to have been committed by Mr. Singh, Section 123 of the Army Act cannot be invoked.
It was further ruled that under Rule 14 of the Army rules, once the Chief of Army staff took a decision to terminate Mr. Singh’s services, the Chief cannot change the course and hold court martial on the same charges especially when no new evidences were available.
The Bench directed that Mr. Singh should be treated as superannuated from June 30, 2020 as an interim measure setting aside the order invoking Section 123 of Army Act.
