In Brief
A Sepoy in the Indian Army was court-martialed and convicted of assaulting a superior officer. He was dismissed from service and sentenced to six months imprisonment. During trial, the Commanding Officer denied him a civil advocate's assistance, claiming such representation was only for capital offences. The Supreme Court held that Rule 129 of the Army Rules, 1954 explicitly permits legal representation in all Summary Court Martial cases, regardless of the offence. The denial violated natural justice, particularly as the soldier faced his own superior officer without legal aid, risking both livelihood and liberty. The appeal was allowed and the court-martial conviction set aside."
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