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Issues involved:
The writ petition challenges decisions in Exts.P2, P4, and P8 regarding punishment imposed on the petitioner after trial by Court Martial, with jurisdiction being a key issue. Jurisdiction Issue: The petitioner, governed by the Navy Act, was posted in Andaman and Nicobar Islands, where the alleged actions occurred, outside the territorial jurisdiction of the Court. Previous judgments establish that the cause of action must at least partly arise within the Court's territory for it to have jurisdiction. The Court held that the acts attributed to the petitioner and the subsequent proceedings all took place outside its jurisdiction, including the Court Martial proceedings at Port Blair and decisions by competent authorities located elsewhere. The petitioner's attachment to INS Jarawa in Port Blair during the proceedings does not alter the jurisdictional analysis, as the alleged omissions occurred in Andaman and Nicobar Islands. The Court rejected the argument that previous entertainment of a writ petition precludes raising jurisdictional issues, emphasizing that lack of jurisdiction cannot be overcome by consent or prior proceedings. Ultimately, based on established principles under Article 226, the Court found it lacked territorial jurisdiction to hear the writ petition challenging the disciplinary decisions. Conclusion: The Court dismissed the writ petition on jurisdictional grounds, without prejudice to any arguments on the merits of the case.
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