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Supreme Court of India 2017-07-13 dismissed

Union of India & Ors vs SQN. LDR. K.S. Raina

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Union of India challenged the stay of a fresh court martial trial of Squadron Leader K.S. Raina under Section 121 of the Air Force Act, 1950, which prescribes a three-year limitation for commencing court martial proceedings. The applicant argued that a fresh trial could not be ordered after the original trial's commencement within the statutory period. The Supreme Court held that Section 121's limitation applies only to the commencement of trial; since the original trial had commenced within three years before being vitiated for procedural irregularities, a fresh trial was permissible. The application was dismissed, though the Court recommended that any punishment should not exceed the earlier penalty.

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Military Law Air Force Act Court Martial Criminal Procedure Limitation of Prosecution

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