Case Study: Bachan Singh
The Practical Lawyer
Bachan Singh v. Union of India
(C.K. Thakker and Lokeshwar Singh Panta, JJ.) Bachan Singh ------------------ Appellant v. Union of India & Ors. -------------- Respondent(s) Civil Appeal No. 3110 of 2004, decided on July 10, 2008 The judgment of the Court was delivered by Lokeshwar Singh Panta, J. Bachan Singh - appellant is aggrieved by the judgment and order dated February 5, 2002 passed by the Division Bench of the High Court of Jammu and Kashmir at Jammu allowing the LPA (SW) No. 284/97 filed by the respondents herein against the judgment dated November 20, 1996 of the learned Single Judge of the High Court whereby the learned Single Judge allowed SWP No. 14-A/1984 filed by the appellant and quashed the General Court-Martial held against him including confirmation of sentence passed upon him by the General Court-Martial and the appellant is relegated back to the position he had on the date of passing of the order with all the benefits under the Rules. A General Court-Martial (GCM) under the Army Act, 1950 (for short `the Act') was convened by the competent authority on January 4, 1982 under Section 109 of the Act to try the appellant holding the rank of Sepoy in Second Batallion, the Dogra Regiment in the Army. The allegations against the appellant for which he was suspected to be tried by GCM were:"No.3973649A Sep Bachan Singh of 2DOGRA is resident of village Paragwal, Tehsil Akhnoor, District Jammu (J&K) S/o Shri Dharam Singh and step son of Smt. Gyano Devi, second wife of Shri Dharam Singh. Sep. Bachan Singh studied in Govt. Lower High School, Paragwal upto the 9th. He was enrolled in the Army on 11 Oct. 75 to Meerut in the Dogra Regt. He is married to Smt. Veena Kumari D/o Shri Durga Singh resident of Village Chargarwar, Tehsil Jammu, District Jammu (J&K). Sep Bachan Singh proceeded on annual leave w.e.f. 16 Jan 80 to 15 Mar 80 to his home station village Paragwal, Tehsil Akhnoor. Shri Bachan Singh S/o Shri Waryam Singh resident of
Bachan Singh v. Union of India
(C.K. Thakker and Lokeshwar Singh Panta, JJ.) Bachan Singh ------------------ Appellant v. Union of India & Ors. -------------- Respondent(s) Civil Appeal No. 3110 of 2004, decided on July 10, 2008 The judgment of the Court was delivered by Lokeshwar Singh Panta, J. Bachan Singh - appellant is aggrieved by the judgment and order dated February 5, 2002 passed by the Division Bench of the High Court of Jammu and Kashmir at Jammu allowing the LPA (SW) No. 284/97 filed by the respondents herein against the judgment dated November 20, 1996 of the learned Single Judge of the High Court whereby the learned Single Judge allowed SWP No. 14-A/1984 filed by the appellant and quashed the General Court-Martial held against him including confirmation of sentence passed upon him by the General Court-Martial and the appellant is relegated back to the position he had on the date of passing of the order with all the benefits under the Rules. A General Court-Martial (GCM) under the Army Act, 1950 (for short `the Act') was convened by the competent authority on January 4, 1982 under Section 109 of the Act to try the appellant holding the rank of Sepoy in Second Batallion, the Dogra Regiment in the Army. The allegations against the appellant for which he was suspected to be tried by GCM were:"No.3973649A Sep Bachan Singh of 2DOGRA is resident of village Paragwal, Tehsil Akhnoor, District Jammu (J&K) S/o Shri Dharam Singh and step son of Smt. Gyano Devi, second wife of Shri Dharam Singh. Sep. Bachan Singh studied in Govt. Lower High School, Paragwal upto the 9th. He was enrolled in the Army on 11 Oct. 75 to Meerut in the Dogra Regt. He is married to Smt. Veena Kumari D/o Shri Durga Singh resident of Village Chargarwar, Tehsil Jammu, District Jammu (J&K). Sep Bachan Singh proceeded on annual leave w.e.f. 16 Jan 80 to 15 Mar 80 to his home station village Paragwal, Tehsil Akhnoor. Shri Bachan Singh S/o Shri Waryam Singh resident of