1. Heard Shri Puru Mudgal, Advocate holding brief of Wg. Cdr. AjitKakkar (Retd.), Ld. Counsel for the applicant and Dr. Shailendra Sharma Atal, Ld. Counsel for the respondents.
2. This application has been filed to fix an early date of hearing in Original Application (Appeal) No. 1094 of 2022. The Original Application (Appeal) is fixed for hearing on 16.01.2023.
3. Learned counsel for the applicant submits that applicant has filed Original Application (Appeal) No. 1094 of 2022 after the Original Application No. 880 of 2021, being dismissed as withdrawn on 01.12.2022. In the newly filed Original Application (Appeal) applicant has prayed an interim relief to stay proceedings in General Court Martial which is likely to be reassembled on 18.01.2023. In the earlier filed Original Application there was an order staying proceedings in the General Court Martial which stood vacated with dismissal of the Original Application.
4. Learned counsel for the respondents has vehemently opposed the prayer on the premise that Original Application (Appeal) filed by the applicant being not maintainable, objection in this regard needs to be filed which may not be possible before the date fixed i.e.16.01.2023.
5. Keeping in view the date fixed in the Original Application (Appeal) and also when General Court Martial is likely to reassemble, we do not see reason to prepone the hearing. Early hearing application is accordingly rejected.
6. Let copy of this order be provided Dasti to the Ld. Counsel for the applicant forthwith.