SC: Don't deny legal aid to accused in court martial

NEW DELHI: Changing a 64-year-old Army regulation that denied legal assistance to accused during court-martial proceedings, the Supreme Court ruled that principles of natural justice demanded that whenever an accused Army person sought legal assistance during trial, he/she must get it.

Sepoy Jaswant Singh faced summary court-martial (SCM) proceedings on two counts - assaulting a superior officer and using abusive language against a subedar who picked on him for being improperly dressed for parade. The SCM found Singh guilty of assaulting the superior officer, ordered his dismissal from service and six months of imprisonment in civil jail. The Armed Forces Tribunal dismissed his appeal. He moved the SC.

Before a bench of Justices D Y Chandrachud and M R Shah, Singh’s counsel Major K Ramesh said his client had requested the commanding officer in July 2009 for permission to hire a civil advocate to assist him during the SCM but it was denied citing Regulation 479 of Army regulations, which provided that a civil advocate was permissible to only those persons who were facing trial for an offence punishable with death sentence.

Writing the judgment, Justice Chandrachud said Rule 129 of Army Rules, 1954, provided that in an SCM, the accused may have a person assist him during the trial. “The expression ‘may’ must be read to mean that the person who is proceeded against has the option on whether or not to engage a legal adviser or any other person,” he said.

“The commanding officer was evidently in error in declining the assistance of a lawyer on the ground that legal assistance could be admissible only where the offence was punishable with death,” the bench said.

The SC said, “Singh had rendered seven years of service. He was pitted against his commanding officer. There was no reason to deny him legal representation. We are of the view that there was clear violation of the principles of natural justice. we allow the appeal and set aside the judgment of the AFT and the decision which has been taken on the basis of the summary court martial.”