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Issues Involved:
1. Allegations of bias and malafides against the inquiring officer. 2. Irregularities and violations of Army Rules 22 to 25. 3. Validity and legality of the court-martial proceedings. 4. Confirmation and promulgation of the court-martial findings and sentence. 5. Discrimination in the award of punishment. 6. Procedural defects in convening the general court-martial. 7. Adequacy of defense provided to the petitioner. 8. Allegations of fabricated and fictitious charges. 9. Compliance with procedural safeguards under the Army Act and Rules. Detailed Analysis: 1. Allegations of Bias and Malafides Against the Inquiring Officer: The petitioner alleged that Lt. Col. S.K. Maini, who ordered the summary of evidence, was biased and acted with malafides. The petitioner claimed that Lt. Col. Maini had a grudge against him due to prior incidents, including a report made by the petitioner against Lt. Col. Maini. However, the counter-affidavit denied these allegations, stating that the petitioner's complaints were investigated, and the cases were closed. The court found no substantial evidence of bias or malafides and noted that Lt. Col. Maini was only involved in the preliminary inquiry, not the court-martial proceedings. 2. Irregularities and Violations of Army Rules 22 to 25: The petitioner argued that there was a gross violation of Rules 22 and 25, which require that charges be heard in the presence of the accused and that the accused be allowed to cross-examine witnesses. The petitioner contended that his consent to dispense with his presence during the summary of evidence was obtained fraudulently. However, the court found that the petitioner had given his consent in writing and that there was no substantial evidence of irregularities. The court also noted that any minor irregularities in the preliminary proceedings did not affect the general court-martial, which conducted a regular trial. 3. Validity and Legality of the Court-Martial Proceedings: The petitioner challenged the legality of the general court-martial, arguing that the convening order was defective and that the presiding officer was junior to him. The court found that the convening order was signed by a superior officer and that the presiding officer was a Colonel, thus superior to the petitioner. The court held that there were no serious legal infirmities in the convening of the court-martial or its proceedings. 4. Confirmation and Promulgation of the Court-Martial Findings and Sentence: The petitioner contended that the findings and sentence of the general court-martial were not properly confirmed. The court noted that the confirmation was done by the General Officer Commanding-in-Chief Command, as authorized by the Central Government. The court found no infirmity in the confirmation process and held that the procedural requirements were substantially complied with. 5. Discrimination in the Award of Punishment: The petitioner argued that there was discrimination in the award of punishment, citing examples of other officers who received lesser penalties for similar offenses. The court held that it was within the discretion of the general court-martial to decide the appropriate sentence based on the circumstances of each case. The court found no evidence of discrimination or disproportionate punishment. 6. Procedural Defects in Convening the General Court-Martial: The petitioner claimed that the convening order was signed in a mechanical way and not by the authorized officer. The court found that the convening order was signed by a Staff Officer for the General Officer Commanding, which was in compliance with the rules. The court dismissed the argument that the convening order was defective. 7. Adequacy of Defense Provided to the Petitioner: The petitioner argued that he was not provided with a defense counsel of his choice and that his request for adjournment to engage a defense counsel was denied. The court noted that the petitioner was represented by a defending officer as per the rules and that there was no evidence of prejudice caused to his defense. The court held that the procedural requirements for providing defense were duly followed. 8. Allegations of Fabricated and Fictitious Charges: The petitioner contended that the charges against him were fabricated and fictitious, pointing out inconsistencies in the charge-sheet. The court found that the description of the occurrence in different terms did not affect the case and that the investigation was a preliminary step meant for gathering evidence. The court held that the charges were properly framed and that the petitioner was duly informed of the accusations against him. 9. Compliance with Procedural Safeguards Under the Army Act and Rules: The petitioner argued that the procedural safeguards under the Army Act and Rules were not followed, particularly Rules 22 to 25. The court held that these rules were not mandatory for officers unless they specifically requested compliance. The court found that the petitioner did not exercise his option under Rule 25 and that there was no violation of mandatory rules. The court emphasized that the main objective was to ensure that the accused was aware of the charges and had the opportunity to defend himself, which was achieved in this case. Conclusion: The court dismissed both writ petitions, finding no substantial evidence of bias, malafides, or procedural irregularities that would vitiate the court-martial proceedings. The court held that the procedural requirements were substantially complied with and that no prejudice was caused to the petitioner. The court emphasized the importance of maintaining discipline in the armed forces and upheld the findings and sentence of the general court-martial.
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