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Judgment
16 paragraphs · 408 wordsAmrita Sinha, J
The petitioner is a sailor in the Indian Navy. He is facing a Court Martial. He alleges that the recordings of the examination-in-chief and the cross have not been provided to him despite repeated requests being made.
The respondents relies on the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965 particularly Regulations 179, 187 & 191.
It has been submitted that the inspection of the evidences may be provided to the petitioner, if sought for.
Be it recorded that the Armed Forces Tribunal is functioning on and from 18th May, 2026 to 20th May, 2026. However, on the day the writ petition was filed, the Armed Forces Tribunal was not in session.
The petitioner has raised issues with regard to the vires of certain provision of The Navy Act, 1957.
It has been brought to the notice of the Court that written argument has already been prepared by the petitioner and submitted before the Court Martial.
According to the petitioner, the same was filed under protest which the respondents deny.
It has also been brought to the notice of the Court that, date of hearing in the Court Martial is 20th May, 2026 and the same has been intimated to the petitioner who is an accused in the Court Martial proceeding.
It has also been submitted that inspection of the proceedings can be provided to the petitioner tomorrow itself, that is, 20th May, 2026.
Learned counsel for the petitioner submits that the defence counsel has already intimated the President of Court Martial that he would be engaged in another Court Martial trial at Mumbai on 18th May, 2026 and he will not be able to inspect the documents on 20th May, 2026.
Prayer has been made by the learned advocate for the petitioner to give some more time so that the defence counsel can attend the inspection.
The Court grants time till 22nd May, 2026 for conducting the inspection. After the inspection is conducted, the Court Martial proceeding shall continue strictly in accordance with law.
The writ petition is made returnable before the Circuit Bench at Port Blair on 8th June, 2026.
It will be open for the petitioner to apply before the Court for further relief, if required.
Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.