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Supreme Court Upholds Tribunal’s Power to Modify Military Conviction

27Dec

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Supreme Court

Supreme Court Upholds Tribunal’s Power to Modify Military Conviction

The Supreme Court affirmed the Armed Forces Tribunal’s power under Section 15(6) of the AFT Act, 2007, to substitute a conviction. It held that where evidence establishes an act prejudicial to military discipline under Section 63 of the Army Act, 1950, the Tribunal can legally replace a more severe charge with this lesser offence and modify the sentence accordingly. Facts Of The Case: The appellant, Colonel S.K. Jain, was the Commandant of the Northern Command Vehicle Depot in Udhampur. In September 2008, a contractor alleged that the appellant demanded a bribe for passing motorcycles during inspection. A trap was laid, and during a search of his office on September 27, 2008, a Board of Officers recovered an envelope containing ₹10,000 and, significantly, a quantity of old ammunition (7....

Supreme Court’s Big Equality Ruling :Army Can’t Restrict Women’s Numbers After Allowing Them In

This Supreme Court judgment holds that once the Central Government permits women's induction into the JAG branch via notification under Section 12 of the Army Act, 1950, it cannot subsequently impose gender-based restrictions through administrative policies. Any such limitation violates Article 14, 15, and 16 of the Constitution, as it constitutes indirect discrimination and exceeds the permissible scope of exceptions under Article 33. Facts Of The Case: The petitioners, two female candidates who secured the 4th and 5th ranks in the women's merit list for the Judge Advocate General (JAG) branch's 31st Course, challenged a recruitment notification dated 18th January 2023. The notification prescribed six vacancies for male candidates and only three for female candidates. Despite the petiti...

Supreme Court Orders Reconsideration of Retired Lt. Col’s Promotion Grading After 20-Year Battle

The Supreme Court partially allowed the civil appeal, upholding the Armed Forces Tribunal's decision but directing reconsideration of the appellant's 'Z' grading in the 2001 promotion board. The Court affirmed the Chief of Army Staff's discretionary authority under Defence Services Regulations to modify Selection Board recommendations, while emphasizing fair reconsideration of the appellant's case within three months. The judgment clarified that promotions in the Territorial Army remain subject to the Army's hierarchical decision-making process, balancing institutional autonomy with individual rights to equitable evaluation. Facts Of The Case: The case involved Lt. Col. NK Ghai (Retd.), who challenged his non-promotion to Colonel rank despite 22 years of service in the Territorial Army. ...