In Brief
A Sepoy in the Indian Army was court-martialed on charges of assault and misconduct and convicted of the first charge. He was dismissed and imprisoned. The Court Martial had denied him permission to hire a civil advocate, relying on Regulation 479, which limits legal assistance to capital offences. The Supreme Court held that Rule 129 of the Army Rules, 1954 specifically entitles an accused in Summary Court Martials to legal representation. The Court found the denial was a breach of natural justice and allowed the appeal, setting aside both the tribunal and court-martial orders while leaving open further proceedings.
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