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Randhir Singh v. Union of India & Ors.

Criminal Appeal · 2019 INSC 729Decided 8 Jul 2019
Criminal Appeal No. 210 of 2017
Dr. Justice D.Y. Chandrachud · Justice Indira Banerjee

Background

The appellant, an Acting Lance Dafadar with nearly 12 years of service, was accused of inappropriately touching a colleague's spouse while on duty in August 2007. A Summary Court Martial (SCM) held in May 2008 found him guilty and dismissed him from service; the Armed Forces Tribunal upheld the finding of guilt but found dismissal disproportionate and reduced it to discharge. The appellant challenged this before the Supreme Court, arguing both that the allegation was a fabricated reprisal for his having earlier reported the complainant's spouse for pilfering petrol, and that convening an SCM nearly nine months after the incident was legally impermissible.

Decision Breakdown

The Supreme Court declined to re-examine the Tribunal's factual findings but accepted the appellant's independent legal argument: under Section 120 of the Army Act, an SCM, which vests drastic unilateral power in a single commanding officer, can only be convened where there is a grave reason for immediate action, and holding one nine months after the incident (when a reference to a proper court martial was feasible) was contrary to law, even though a later clarification on recording reasons for SCMs was itself prospective from July 2016. Given that nearly twelve years had passed since the incident and the authorities themselves conceded a fresh inquiry was no longer practicable, the Court exercised its special power under Article 142 of the Constitution to mould relief rather than order a fresh trial. It modified the order so the appellant's discharge would take effect only upon completion of fifteen years of service, making him eligible for pension, with arrears to be paid within three months.

Lesson Learnt

A Summary Court Martial is meant for genuine emergencies calling for immediate disciplinary action, not as a routine process used months after an alleged incident, and where that procedural safeguard is violated but a fresh inquiry is no longer realistic after a long lapse of time, courts can use their special constitutional powers to craft a fair practical remedy, such as preserving pension eligibility, rather than leaving a long-serving person with nothing.

Official source (sci.gov.in)View Judgment (PDF)

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