Court martial: Gauhati HC orders petitioners to approach competent authority for obtaining a copy of proceedings

Gauhati High Court has order the petitioners to approach the competent authority for obtaining a copy of the proceeding of the court martial in view of the bar imposed under the provisions of 147A of the Army Rules, 1954.

Chief justice (Acting ) N Kotiswar Singh and Justice Nani Tagia order since the proceedings of the court martial and the final order passed in the court martial proceeding may have some relevance in ascertaining the quantum of compensation, it will be appropriate for the petitioners in both the petitions to approach the competent authority for obtaining a copy of the proceeding of the court martial in view of the bar imposed under the provisions of 147A of the Army Rules, 1954.

The court added, "Though we felt that the proceedings of the court martial may have a relevance in deciding the quantum of compensation and also when the copy of the said proceeding was sought by K.N. Choudhury, learned senior counsel appearing for the petitioner in CR(HC) 17/1994, it has been brought to our notice by Gayan, learned Central Government Counsel that, perhaps, the provisions of 147A of the Army Rules, 1954 may not permit giving any copy of such proceedings of the court martial."


The court stated accordingly, these matters are deferred till such decision is taken by the competent authority as regards the application for availing the copy of the proceedings of the court martial.

"The competent authorities will decide expeditiously as regards the applications that may be submitted by the petitioners for obtaining the copy of the proceedings of the court martial."

Earlier Summary General court martial (SGCM) sentenced seven indian army personnel including a Major General to life imprisonment for their involvement in a fake encounter case that had taken place in Assam in 1994.
In 1994 manger of tea estate was killed by Ulfa militants and army personnel from18 Punjab Regiment of the Indian Army detained nine youths of Tinsukia districts alleging their role in the killing.

Five students leaders were killed by the Army in a fake encounter branding them as Ulfa militants while four others were released at a jungle by threatening them at gun point.

The then All Assam Students’ Union Leader Jagadish Bhuyan filed a Habeas Corpus petition in the Gauhati High court seeking to know the details of these youths.

The High Court ordered the Army to produce the nine AASU leaders at the nearest police station. Later, the army produced five bodies at the Dholla Police Station.

Investigation of the case was later handed over to cbi. Cbi charge sheeted seven Army personnel as guilty.

The Summary General Court Martial on Saturday awarded life imprisonment to Major General A K Lal, Col.Thomas Mathew, Col. R S Sibiren, Capt. Dilip Singh, Capt. Jagdeo Singh, Naik Albindar Singh and Naik Shivendar Singh for the fake encounter of five youth.