In Brief
The Supreme Court considered an appeal challenging the Armed Forces Tribunal's decision to set aside the dismissal of a soldier (Ex. No. 3192684 W. Sep. Virendra Kumar) from the Army for a crime punishable under the Indian Penal Code and Army Act. The Tribunal had ordered a fresh trial from the Court of Inquiry stage. The Supreme Court held that since the soldier had been given full opportunity to cross-examine witnesses during the original court martial but failed to exercise it, there was no failure of justice justifying a re-trial. The Court set aside the Tribunal's order and restored the dismissal, finding that the Tribunal lacked adequate grounds to warrant a complete retrial.
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