9911796707
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Issues:
- Summary dismissal of writ petition by High Court - Allegations of irregularities in summary trial - Disproportionate sentence awarded - Interpretation of Army Act provisions - Application of principle of proportionality in sentencing Summary: The Supreme Court judgment pertains to an appeal against the summary dismissal of a writ petition filed by an appellant, a Jawan in the Indian Army, challenging the order of a summary court-martial. The appellant was sentenced to three months' rigorous imprisonment and dismissal from service for carrying 11 bottles of sealed rum and one bottle of brandy, exceeding his permitted limit, while proceeding on leave. The appellant contended that he had necessary permits and chits from superiors for the extra bottles, meant for a family event. The Court noted that while the appellant violated existing orders, the punishment was disproportionate to the offense. The Court analyzed relevant provisions of the Army Act, emphasizing the need for proportionate punishment. Citing precedents, the Court highlighted the principle of proportionality in sentencing, stressing that punishments should suit the offense and the offender, avoiding vindictiveness or excessiveness. Consequently, the Court set aside the original sentence, remanding the matter to the court-martial for reconsideration and directing the imposition of a lesser punishment in line with the nature of the offense. The Court instructed expeditious resolution of the case, ensuring any detention suffered by the appellant does not disqualify reinstatement, subject to the revised punishment. Ultimately, the appeal was disposed of with these directions.
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