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Special leave petition has dismissed against the court-martial

Shivendra Pratap Singh

Advocate

10/12/2019/ 9:19:24 PM

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Sir, the supreme court has dismissed my special leave petition. I was court-martialed on 14 Nov 98 by air force authority and dismissed from service and RI for four months. My writ petition was rejected by High court Allahabad and special appeal also. After 10 yrs I appeal in the supreme court by SPL, but due to delay, it was dismissed. That matter was closed on Sept 2018.

But my court-martial was illegal, and my advocate didn’t inform because As per Air force act 1950 sec 73 notes 10.2 states that A COURT-MARTIAL DOES NOT DEAL WITH ACTING RANK and when court-martialed concluded I was on Acting rank of sergeant.

I have raised my grievances through CPGRAMS to Air force authority But air force authority closing my complaints by vague replies since July 2019. Many registered Post was also sent to Air force authority but till date, no response even after RTI, Appealing authority and also to central information commission. Please advice for the next legal step. Thanks

In this condition, you can file a review petition before the supreme court if you have sufficient reason for delay. The Supreme Court has the power to entertain the review petition upon satisfaction of reasonable delay in filing the SLP. However, the delay cannot fail justice if the grievance is still alive.

According to the question, you have a genuine grievance that the court-martial proceeding was illegal. The illegality of the process strikes at the root of the case. Therefore, its judgement will have no force. You have committed a fault which is not repairable unless and until you prove before the court that you have suffered a significant loss due to unauthorised judicial proceeding.

Still, you have a remedy against the dismissed special leave petition. You can file a review petition before the supreme court. To establish your case, you have to prove that your grievance is still alive. At the same time, you must prove that you have suffered irreparable loss. If you successfully establish the fact of irrefutable injury and reasonable cause for the delay, then the court will admit your petition.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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