SC: When Reasons Are Not Recorded To Appoint Junior Officer As Judge Advocate, Court Martial Proceedings Stand Invalidated

The Supreme Court in the case Union Of India And Ors Versus. Lt. Col. Rahul Arora observed that the non-recording of the reasons in the convening order to appoint a Junior Officer as Presiding Officer of the Martial Court would invalidate the proceedings which are recorded before such Junior Officer.

The court also referred to the case Union of India & Anr. vs. Charanjit Singh Gill, wherein the court stated that it would be impermissible for the Junior Officer to act as the Presiding Officer in order to decide the petition against the superior officer or accused unless the reasons were not recorded in the convening order that due to the exigencies of public service, an officer of equal or superior rank to the accused is not available to act as Judge Advocate.

The bench comprising of Justice Prashant Kumar Mishra and Justice Prasanna B Varale in the case observed and has stated that the legal position is thus well settled in Charanjit Singh Gill (supra) that non-recording of reasons of appointment of an officer junior in rank as a Judge Advocate in the convening order invalidates the Court Martial proceedings.

The High Court in the case observed and has not committed any error of law in holding so in the facts and circumstances of the case.