Pre-Emptive Judicial Strikes Against Army's Disciplinary Jurisdiction Unwarranted: SC [Read Judgment]

Ashok Kini

20 Feb 2019 11:38 AM IST

  • Pre-Emptive Judicial Strikes Against Armys Disciplinary Jurisdiction Unwarranted: SC [Read Judgment]

    “An officer subject to the discipline of the Army Act 1950 must abide by the regulations, if the disciplinary jurisdiction is sought to be invoked.”

    The Supreme Court has observed that High Court should not preempt the exercise of disciplinary jurisdiction of the Armed forces by taking over the essential function of determining whether or not recourse to the disciplinary jurisdiction was warranted. The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Hemant Gupta was considering appeal filed by Union of India against...

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