KULWANT SINGH NK SARDAR SADHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE order passed in this petition shall also govern the disposal of following Misc. Petitions which were heard together : -

(2.) WE have taken up the present petition for decision first because the points common in all the above petitions were argued by the learned counsel for the petitioners on the basis of contentions and grounds raised in this petition.

(3.) IN the Sikh Regiment Centre at Ramgarh on 10 -6 -1984 soldiers waged a mutiny and looted the arms in battalion kotes. The cause of mutiny in the Sikh Regiment was said to be the entry of the Indian Army in the precinct of the Golden Temple, Amritsar in its action called 'Operation Blue Star' and the blood shed in course of it. The above action of the Army is said to have grievously hurt the religious sentiments of the Sikhs throughout India including those in the Army. The petitioners four in number in this case were tried in General Court Martial for the charges contained in the charge sheet as under : - 'Charge Sheet The accused (1) No. 3368610 Nk. Kulwant, (2) No. 3381849 Sepoy Balraj Singh, (3) No. 3382130 Seopy Gurmeet Singh, (4) No. 3381905 Sepoy Hakum Singh all of the Sikh Regimental Centre, attached with Adm. Bn. The Jammu and Kashmir Rifles Regimental Centre are charged with : First Charge Army Act, Section 37(c) against all accused persons BEING PRESENT AT A MUTINY IN THE MILITARY FORCES OF INDIA, NOT USING THEIR UTMOST ENDEAVOURS TO SUPPRESS THE SAME, in that they together at Ramgarh, on 10 June 84, while on guard duty at training battalion kotes of SIKH Regimental Centre and when soldiers of the said centre advanced towards the training battalion kotes in a mutinous spirit to loot the said kotes, failed to use their utmost endeavours to supress the said mutiny. Second Charge Army Act Section 63 (against all accused persons) AN OMISSION PREJUDICAL TO GOOD