RAJVIR SINGH versus SECRETARY, MINISTRY OF DEFENCE & OTHERS

RAJVIR SINGH versus SECRETARY, MINISTRY OF DEFENCE & OTHERS

The period of limitation under section 122 began when the GOC-in-C, Central Command, became aware of the offence and the appellant's identity on May 7, 2007. The convening order for the General Court Martial, dated August 23/26, 2010, was made after the expiry of three years, rendering the trial barred by limitation. The Tribunal and authorities below misinterpreted the legal position by relying on the date of direction to initiate action, rather than the date of knowledge.

Parties
Appellant: Rajvir Singh; Respondents: Secretary, Ministry of Defence & Others
Jurisdiction
India
Judgment Date
15 February 2012
Procedural Posture
Civil Appeal / Appeal From Order of the Armed Forces Tribunal, Lucknow
Outcome
Appeal allowed
Legal Topics
Limitation in Court Martial Proceedings, Army Act Section 122, Army Act Section 52(f)
Military Law Limitation in Court Martial Proceedings Army Act Section 122 Army Act Section 52(f)

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Parties

Rajvir Singh

Appellant

Secretary, Ministry of Defence & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of the Armed Forces Tribunal, Lucknow

Legal Issues

  1. 1 Whether the trial of the appellant before the General Court Martial was barred by limitation under section 122 of the Army Act, 1950.

Ratio Decidendi

The period of limitation under section 122 began when the GOC-in-C, Central Command, became aware of the offence and the appellant's identity on May 7, 2007. The convening order for the General Court Martial, dated August 23/26, 2010, was made after the expiry of three years, rendering the trial barred by limitation. The Tribunal and authorities below misinterpreted the legal position by relying on the date of direction to initiate action, rather than the date of knowledge.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the Armed Forces Tribunal set aside.
  • Direction by the GOC, Madhya Bharat Area, for reassembly of the General Court Martial quashed.