- (1.) R. B. Mehrotra, J. Petitioner Ram Pravesh Shah was working as Sepoj/ambulance Assistant in the Military Hospital at Allahabad. On 1-5-1988, the petitioner was chargsheeted by the Commanding Officer for committing a civil offence of murder punishable under Section 302, IPC and for committing an offence of an attempt to murder punishable under Section 307, IPC and was directed to be tried by General Court Martial by order, dated 20-9-1988 passed by Officer Commanding Head Quarters Madras, Bihar, Orissa area, Jabalpur. The charge-sheet and the order for trial of the petitioner passed by General Court Martial are being reproduced for convenience : "the accused, Number 13948218 A. Sepoy/ambulance Assistant Ram Pravesh Shah of Military Hospital, Allahabad attached with 4 Air Formation Singal Regiment, is charged with : First charge. Committing a civil offence, that is to Army Act say, murder, contrary to Section 302 Section 60 of the Indian Penal Code. In that he, at Allahabad, on 26 January, 1988, by causing the death of Number 13953522n Sepoy/ambulance Assis tant Anandan Bose of Military Hos pital Allahabad committed murder. Second charge. Committing a civil offence, that is Army Act to say, murder, contrary to Section 69, 302 of the Indian Penal Code, to that he, at Allahabad on 26 January, 1988, by causing the death of Number 13924802y Naik-Ambulance Assis tant Ranjit Pal of Military Hospital Allahabad, committed murder. Third charge Committing a civil offence, that is Army Act, say attempt to murder, contrary to Section 69 Section 307 of the Indian Penal Code. In that he, at Allahabad, on 26 January, 1988, stabbed with a knife Number 13912891w Havaldar/ambulance Assistant Chaukas Ram of Military Hospital, Allahabad with intent to kill him and thereby wounded the said Havaldar/abulance Assistant Chaukas Ram on his abdomen. Sd/- (Raj Kumar Kak) Place : Allahabad Colonel Dated : 15 September, 1988 Commanding Officer To be tried by a General Court-Martial. Sd/- (Y. S. Rawat) Colonel Colonel 'a' For Officiating General Officer Commanding Head Quarters Madhya Pradesh Place ; Jabalpur, Bihar and Orissa Area, Dated : 20 September, 1988 Jabalpur.
(2.) AFTER holding the court-martial proceedings the petitioner was awarded a punishment to suffer imprisonment for life and to be dismissed from service by order, dated 3-12-1988. Aggrieved by the aforesaid sentence of court martial the petitioner preferred an appeal under Section 164 (2) of the Army Act to the Chief of Army Staff, Army Head Quarters, Southern Block. New Delhi. During the pendency of the aforesaid appeal, the petitioner filed the present writ petition in the Court, however, the petitioner's appeal has also been rejected vide order, dated 11-10-1989. Both the orders awarding sentence of life imprison ment and rejecting appeal of the petitioner are non-speaking-one sentence orders, as was permissible under the Rules at the relevant time. By means of an amendment application, the order rejecting the appeal has been challenged in the writ petition. The amendment application has been allowed by the Court and the petitioner has been permitted to add grounds challenging the order passed in appeal and add relief in the writ petition for quashing the aforesaid order passed in the appeal. I have heard learned counsel for the petitioner Sri Jagdish Singh Sengar and learned Additional standing counsel for Union of India, Sri Shishir Kumar.
(3.) AS far back as on 9-1-1991 the petitioner tiled a supplementary affidavit being on record the entire court-martial proceedings and the evidence adduced against the petitioner in the court martial proceedings. The afore said supplementary affidavit was accepted as part of the record and the delay in filing the application for bringing on record the relevant facts on record was condoned on 9-1-1991. Thereafter on 18-12-1991 the respondents' coun sel were granted three weeks' time to file reply to the supplementary affidavit filed by the petitioner and also counter affidavit to the amended writ petition, Despite several orders subsequent thereto giving time to the respondents' counsel, no supplementary counter affidavit has been filed. The writ petition is still at the admission stage. The matter was called for admission. Since counter and rejoinder affidavits have been exchanged and the matter is pending admission since 1989, the counsel for the parties agreed that the matter may be disposed of finally and the arguments of the case were heard for final deci sion by the consent of the parties' counsel. The writ petition is being disposed of at the admission stage in accordance with the Rule of the Court. On 14-11-1994 the hearing of the arguments began. During the course of hearing directed the respondents' counsel to ensure that the record of the case is available to the Court for perusal. The matter was adjourned to 29-11-1994 for the aforesaid purpose. Despite orders the record has not been produced before me and the arguments were concluded on 22-11-1994. In the aforesaid background, I am proceeding to decide the case on the basis of the record of the court-martial proceedings filed by the petitioner, which have not been controverter.;