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The Supreme Court of India held that a retrial could not be held just because there was a case of non compliance under Rule 180. The SC made it clear that the Army Tribunal did not have any jurisdiction to conduct a re-trial except under the provisions mentioned under Section 16(2) of the Armed Forces Tribunal Act, 2007.
In the present case, a soldier (respondent) killed a fellow soldier accidentally and sustained gunshot injuries himself. The General Court Martial after hearing the case convicted the soldier of murder and committing suicide. The respondent was sentenced to life imprisonment. Aggrieved, the respondent challenged the said decision to the Armed Forces Tribunal. The Tribunal after the hearing held that there had been a gross violation of Rule 180 and hence ordered a re-trial. When the matter finally was laid down in front of the Supreme Court, the appellant argued that every opportunity had been given to the Respondent under Rule 22 during the Court Martial proceedings which he did not utilize. The respondent on the other hand argued that during the collection of evidence, the accused was not provided with any opportunities which directly went against the prescribed Rule 180. Not maintaining the Rule 180 also rendered the entire proceeding void.
After hearing the matter the SC decided,
The SC also held that the Tribunal could only order a re-trial of a Court Martial proceeding. The Tribunal was not bestowed with jurisdiction to remand a matter to a stage prior to the Court Martial proceedings.
Union of India v. Ex. No. 3192684 W. Sep. Virendra Kumar, 2020 SCC OnLine SC 12
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