...military justice system or by a civilian criminal court. 4. Learned counsel for the petitioner further submits that even the trial Court was under a legal obligation to...... Respondents CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Ms. Rajvinder Kaur Sohal, Advocate, for the petitioner. Mr. Rajinder Kumar Banku, DAG...submits that as per Section 125 of the Army Act, when an army man commits a crime, he can be tried by a regular criminal Court or a military Court and the decision about the Court has to be taken by...

...behavior in communities where there are few, if any, restrictions on, for example, their freedom to travel, or their selection of employment, residence or mode of dress. Military justice, on the other...justice system is designed to implement discipline as well as to punish obvious criminal conduct." OA 176/2015 19. Before the Act was brought into force, the Court martial...the entire system of administration of justice in the Armed Forces unworkable. 26. The question as posed above is, therefore, answered in the negative. 27. In...

...their guilt was not proved. The code of conduct expected of an armyman in military law is not comparable to civilians. In the book 'Military Law', Third Edition by Edward M. Byrne the military justice ...obtaining in United States has been compared with civilian criminal justice system in the following words : - "Civilian criminal law seeks to restrict and regulate behaviour so that people can live together in peac...of self-discipline). Military justice like civilian law, requires that the rights of the serviceman" be protected and seeks to assure everyone justice under the law. On balance, the present military ...

...authorised punishments of the Military Justice System is some what more complicated than that prevailing in most Civilian Penal Systems. The basic jurisdiction to punish is prescribed in the Act as...following the initial procedure before the trial by Court Martial the General Court Martial had prepared a document, which contained the issues to be tried by the Court Martial. In Military Law, this...particulars of the act, neglect or omission constituting the offence. The charge memo so framed is as under:(i) An omission prejudicial to good order and Military discipline in that he, at...

.... 43. In an article titled, "Prosecutorial Power and the Legitimacy of the Military Justice System" published in Harvard Law Review, Vol. 123, February 2010 part, observation of Robert H...all its citizens........................but the citizen themselves do not share an identical obligation." 42. Criminal Justice System must be legitimate based on just...criminal justice system observed as under : "Legitimacy is an essential feature of an effective system of criminal justice. In order to maintain authority over...

...after learning the identity of the military judge of requesting for the trial by the judge alone. A ban has been imposed on command interference with military justice, etc. Ours is still an antiquated system. The...: “[T]hat civil trial is held in an atmosphere conducive to the protection of individual rights while a military trial is marked by the age-old manifest destiny of retributive justice. Very expression...1 L Ed 2d 1148, 354 US 1 (1957), Justice Black observed at p. 1174 as under:Courts martial are typically ad hoc bodies appointed by a military...

...discipline cannot be sustained. In the book “Military Law” Third Edition by Edward M. Byrna, the military justice system as obtaining the United States has been compared with Civilian criminal justice ...yet more positive purpose. Military justice must, of necessity, promote good order and high morale and discipline. In this context, discipline means a state of mind in the individual serviceman, so that...preserved. (Of course, positive leadership through rewards and personal example is the best reinforcement of self-discipline). Military justice like civilian law, requires that the rights of the...

...philosophy behind these provisions. Their Lordships of the Supreme Court recently had an occasion to express an opinion in the Indian Express dated August 27, 1982 on the Military Justice System. Their...well-versed in objective analysis of evidence, trained by experience to look at facts and law objectively fair play and justice cannot always be sacrificed at the alter of military discipline...Rule 70 of the Army Rules after refusing confirmation, the Confirming Authority can order for retrial in order to meet the requirements of discipline as well as ends of justice, so the...

...services being treated as a class apart and a different system of justice — military justice — being devised for them. Article 33 empowers Parliament to restrict or abrogate fundamental rights in their...can be raised by way of petition under Section 164. Once the finding and the sentence, if any, have been confirmed, the Court Martial being a Special Tribunal dispensing military justice, it would not...standard of behaviour and discipline compared to their counterparts in civil services. That is why the military people command the respect of the masses. Such factors taken together demand the military...

...command interference with military justice, etc. Ours is still an antiquated system. The wind of change blowing over the country has not permeated the close and sacrosanct precincts of the Army. If in...future progress in the service. Conceding to military personnel that high degree of honesty and sense of justice which nearly all of them undoubtedly have, the Members of a Court Martial, in the nature...objectively, fair play and justice cannot always be sacrificed at the altar of military discipline. Unjust decision would be subversive of discipline. There must be a judicious admixture of both. And nothing...

...protect their own man and thereby throwing off to the winds all cannons of criminal justice system. The Rules regarding Adjustment of Jurisdiction of Civil and Military Courts over Military Personnel... State of Haryana & others … Respondents CORAM: HON'BLE MR. JUSTICE FATEH DEEP SINGH Present: Mr. Arun Singla... the accused person shall be detained in military custody." A plain reading of this statutory provision shows that prerogative lies with the Commanding Officer of the Unit where the...

...impose inadequate sentence would do more harm to the military discipline and justice system and that was also taken into consideration by the authorities while rejecting the representation of the...u/s.57(a) R/w. Section 34 IPC. He also sent false report to senior officers knowing about the killing which was prejudicial to the good order and military discipline. He pleaded guilty...Accused no.1) AN ACT PREJUDICIAL TO GOOD ORDER AND MILITARY DISCIPLINE in that he, at field, between 15 November and 15 December 2003, while in the capacity as afore stated in the first...

...the identity of the military Judge of requesting for the trial by the Judge alone. A ban has been imposed on command interference with military justice, etc. Ours is still an antiquated system. The...Criminal Courts, we must recall what Justice William O'Douglas observed: “[T]hat civil trial is held in an atmosphere conducive to the protection of individual rights while a military trial is marked by the...upon with disfavour”. “Tough Test for Military Justice”, Time Magazine, pp. 42 and 43. In Reid v. Covert, 1 L.Ed 2d 1148 : 354 US 1 (1957), Justice Black observed at...

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...by the judge alone. A ban has been imposed on command interference with military justice, etc. Ours is still an antiquated system. The wind of change blowing over the country has not permeated the...play and justice cannot always be sacrificed at the altar of military discipline. Unjust decision would be subversive of discipline. There must be a judicious admixture of both. An nothing revolutionary.... Turning towards the U.S.A., a reference to Uniform Code of Military Justice Act, 1950, would be instructive. A provision has been made for setting up of a court of...

...: 'The litigant may lose the faith in the justice delivery system, which may ultimately affect not only rule of law but commerce and business in the country. Therefore, the applications under Sect.... JUSTICE M.SUNDAR Accord Life Spec Private Limited Represented by its Chief Executive Officer Mr.Manish Choube 29, Thilak Street T Nagar...Constructions [Shree Vishnu Constructions Vs. The Engineer in Chief Military Engineering Service & Ors.] wherein Hon'ble Supreme Court has observed as follows...

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...with military justice, etc. Ours is still an antiquated system. The wind of change blowing over the country has not permeated the close and sacrosanct precincts of the Army. If in civil courts the...Justice William O''''Douglas observed : "That civil trial is held in an atmosphere conducive to the protection of individual rights while a military trial is marked by the...promotions, advantageous assignments and efficiency ratings-in short, for their future progress in the service. Conceding to military personnel that high degree of honesty and sense of justice which...