LT.Col.Ranjodh Singh v. UOI & Ors.

Order

: 31 st May, 2012 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Lalit Kumar ] Mr. Pradeep Choudhary] for the petitioner. Mr. V.K.Mathur, for the respondent – UOI with Col. Virendra Mohan, Officer-in-charge. Mr. Panney Singh, for the respondent No.5-CBI. .... On 9.9.2005 a complaint was lodged with Superintendent of Police, Central Bureau of

Investigation, Jodhpur by one Shri Manaram Choudhary with assertion that Hawaldar Satyaveer Singh demanded money from him as gratification to settle family pension claim. During the investigation the petitioner too was included in the array of accused persons. An application on 12.9.2006 was filed by the General Officer Commanding, Uttar Bharat Area, Bareilly (U.P.) before the CBI Court, Jodhpur with prayer to hand over case of the petitioner and Hawaldar Satyaveer Singh for their trial under the Army Act, 1950. The application aforesaid came to be accepted on 23.1.2007 and the case concerned was handed over to the applicant. Suffice to mention here that till making of the order dated 23.1.2007 neither the petitioner was arrested nor he was produced before the CBI Court. SBCWPNo.3799/12 LT.Col.Ranjodh Singh v. UOI & Ors. 2 On 17.6.2008 petitioner's trial by General Court Martial commenced and vide order dated 12.2.2009 he was convicted by the General Court Martial. A sentence of cashiering from service and five years rigorous imprisonment in civil jail was awarded to him. Being aggrieved by recording of conviction and awarding sentence the petitioner preferred a petition for writ before Hon'ble the High Court of Uttarakhand that came to be transferred to Armed Forces Tribunal as per the provisions of the Armed Forces Tribunals Act, 2007 in the month of February, 2010. The Armed Forces Tribunal by order dated 5.10.2010 quashed the conviction recorded and sentence awarded being passed in violation of principles of natural justice as much as the assistance of defence counsel was not given to the petitioner though the prosecution was equipped by practicing qualified lawyer. The Armed Forces Tribunal while quashing the conviction recorded and sentence awarded also ordered to subject the petitioner for retrial by reconvening General Court Martial. As a consequent to the order dated 5.10.2010 the petitioner was reinstated in service with appropriate posting. A fresh order convening General Court Martial to try the petitioner was passed on 29.6.2011 and the General Court Martial commenced on 12.7.2011. On 9.4.2012 the petitioner's counsel submitted before the General Court Martial that the CBI Court could have not handed over petitioner's case to the respondent No.3 under SBCWPNo.3799/12 LT.Col.Ranjodh Singh v. UOI & Ors. 3 order dated 23.1.2007 as the investigation in the matter was not completed, as such the petitioner was not charged. Learned counsel supported his contention with the judgment of Hon'ble Supreme Court in S.K.Jha Commodre v. State of Kerala & Anr., reported in 2011 STPL (Web) 182 SC. On receiving no response, this petition for writ was filed on 17.4.2012 with a prayer to quash the convening order dated 29.6.2011 or to dissolve the General Court Martial on the count that the case of the petitioner was erroneously handed over to the army authorities by the CBI Court. The submission of learned counsel for the petitioner is that as per Section 475 Code of Criminal Procedure, 1973 the case of the petitioner could have been delivered for trial by the Court Martial only after bringing him before the CBI Court and by charging with an offence for which he was liable to be tried. According to learned counsel the investigation by the CBI was not completed and no report as per Section 173 Cr.P.C. was filed before the competent court, therefore, there was no occasion to charge the petitioner. As such, handing over of the case by the CBI Court vide order dated 23.1.2007 is apparently bad. SBCWPNo.3799/12 LT.Col.Ranjodh Singh v. UOI & Ors. 4 While contesting claim of the petitioner it is submitted on behalf of the respondents that the CBI Court delivered the case to the army authorities on

23.1.2007 and thereafter the petitioner participated in General Court Martial that culminated into an order of conviction and sentence which was set aside by the Armed Forces Tribunal. Subsequent thereto an order for reconvening General Court Martial was made on

29.6.2011 and the petitioner participated in that too. In the General Court Martial substantial proceedings being already taken place and, therefore, now at this stage no interference of this Court while exercising powers under Article 226 of the Constitution of India is desirable. In rejoinder it is submitted that the order passed by the CBI Court is per se illegal, therefore, commencement of Court Martial itself was without jurisdiction, hence that can be challenged at any stage. Heard counsel for the parties. The petitioner, at first instance was subjected to General Court Martial under the order dated 17.6.2008; without raising any objection about handing over of the case to army authorities he participated in entire General Court Martial that SBCWPNo.3799/12 LT.Col.Ranjodh Singh v. UOI & Ors. 5 resulted into his conviction vide order dated

12.2.2009; no objection in this regard was taken by him even before the Uttarakhand High Court and thereafter before the Armed Forces Tribunal while challenging the order of conviction and sentence. Even subsequent thereto the petitioner did not find it appropriate to raise any grievance about handing over of the case to army authorities and he participated in the reconvened General Court Martial. The proceedings of General Court Martial have substantially travelled and now at the fag end of the freshly convened General Court Martial the petitioner is challenging handing over of the case to army authorities much back in the year 2007. At this belated stage I am not inclined to interfere with the Court Martial proceedings as claimed by the petitioner. The petitioner for writ, therefore, is dismissed. However, the petitioner shall be at liberty to agitate all the contentions and grounds taken in this petition for writ, if any occasion arises for him to challenge the final order passed by the General Court Martial. No order to cost. ( GOVIND MATHUR ),J. kkm/ps.