EX CAPT SALIM ZAFAR ASAAD Vs. UNION OF INDIA & ORS
LAWS(DLH)-2007-3-287
HIGH COURT OF DELHI
Decided on March 16,2007

EX CAPT SALIM ZAFAR ASAAD Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

- (1.) The petitioner was serving in the Indian Army as a Captain. He was posted in 162, Military Hospital at Dinjhan in the Eastern Command in the year 1997. He is alleged to have deserted the military service with effect from 18.05.1997. He has now been apprehended pursuant to an apprehension roll issued by the Army and is presently in military custody attached to 16 Jat Regiment located in Delhi area. He has filed the present writ petition for a mandamus directing the respondents to release the petitioner from the custody and to initiate administrative action in stead in terms of Section 19 of the Army Act read with Rule 14 of the Army Rule.
(2.) Appearing for the petitioner, Major K. Ramesh, submitted that although there is no case for holding any Court Martial against the petitioner, the petitioner is prepared to face any such proceedings provided he is enlarged on bail subject to such terms and conditions as the court may otherwise stipulate. He further submits that the Court Martial could be directed to be held at a place convenient to the petitioner to enable him to engage a defence counsel of his choice in stead of any such trial being held at the place from where the petitioner is alleged to have deserted.
(3.) On behalf of the respondent Ms. Jyoti Singh, on the other hand, submitted on instructions from Col. T. Prashad and Col. Indra Sen Singh, that the respondents are willing to shift the venue of the trial from Dinjhan to Guwahati. That statement, in our opinion, takes care of the first part of the petitioner s prayer for shifting the trial to a convenient place. Even in regard to the other prayer, namely release of the petitioner from military custody, Ms. Singh has no objection to the petitioner being enlarged on his furnishing surety to the satisfaction of the Registrar of this Court with appropriate directions to the petitioner to ensure that he faces trial before the Court Martial and does not delay or obstruct the said proceedings.;


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