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Description
Case Studies on Military Law is the first work of its kind carrying out detailed analysis of procedural and statutory mistakes noticed in scrutiny of legal and disciplinary cases in the Army. The illustrations are based on 91 actual cases relating to 45 different topics examined during the last few years. The disciplinary action matters also include cases of financial improprieties, grant of maintenance allowance, plural marriage, human right violations and arbitration etc. The situations reflect duties in peace : stations as well as active service instances pertaining to involvement from a ; newly inducted recruit to the high ranking officers. The book shows a way ; ahead and also how to avoid the common pit falls. The conclusions drawn in each case facilitate understanding of appropriate lessons. An invaluable book of reference for the units and formations, law students and practitioners of military law.
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Contents
Part I - Case Studies
Investigation
• Authority to order investigation
• Court of Inquiry
• Manner of investigation
• Callous Delay
• Handling of a Case
• Processing of a Disciplinary Case
• Faulty Investigation
• Inquiry into Illegal Absence
• Intoxication
Financial Irregularities
• Financial irregularities and misuse of resources
• Corruption Cases
• Manner of Handling Case
• Theft/Misuse of Railway Warrants
• Irregularities in Recruiting
• Jurisdiction
• Attachment on Disciplinary Grounds
• Period of Limitation
Hearing of Charge
• Tentative Charge Sheet
• Compliance of Army Rule 22
• Hearing of Charge
• Incorrect Compliance of Rule 22
• Non-compliance of AR 180 and AR 22
Summary of Evidence
• Authority to Order S of E
• Recording of S of E and Trial by SCM
• Delay in Disposal Case and Lenient Punishment
• Delay in Handling of Disciplinary Cases
• Delay in Reporting of Incident
Summary Court Martial
• Lack of Jurisdiction
• Warning for trial
• Framing of charge
• Friend of the Accused
• Officers attending the trial
• Alternative Charge
• Disposal by SCM
• Jurisdiction and Illegalities
• Conduct of Trial
• Procedure
• Manner of Recording Sentence
• Marshalling of Evidence
• Lack of Evidence
• Reference to Government Officer
• Plea of Medical Incapacity
• Procedural Infirmities
Cases of JCOs and MNS Officers
• Handling of a Disciplinary Case
• Summary Trial of a JCO
• Summary Trial of a Nursing Officer
Human Rights Violation
• Investigations
• Custodial Death
Miscellaneous
• Manner of Handling AWL Cases
• Lenient Disposal
• Grant of Maintenance
• Enhancement of Maintenance Allowance
Litigation
• Availability of documents
Arbitration
• Participation
• Operation of Contract
• Award
Part II - Discipline, Vigilance, Complaints, Petitions and Appeals, Maintenance,
Defence of Court Cases, Human Rights and Arbitration
Golden Rules of Natural Justice
• Procedure for Submission of Reports Regarding Incidentsand Offences Involving Army Personnel and for their Investigation
• Major contents
• Salient points
• Common mistakes
Investigation process
• Courts of inquiry
• Staff officer to check
• Common mistakes
• Salient points
• Army Rule 180
• Common mistakes in finding/opinion
• Policy letters
• Instances : when C of I is obligatory
Hearing of charge
• Points to remember
• Rights of an accused
• Prosecution by civil police
Arrest
• Important points
Summary of evidence
• Salient points
• Disciplinary action
• Courts martial other than SCM
Progress of disciplinary cases Move of witnesses
• Handling of disciplinary cases
• Administrative action
• Sailent points
• Speaking orders
• Stoppages and penal deductions
• Plural marriage
• Authority for termination
Maintenance
• Procedure for claiming maintenance
• Conditions for grant of maintenance
• Maintenance may be refused, if
• Role of AWWA
• Details to be included in the application
• Competent authority
• Amount of maintenance
• Manner of award
• Common mistakes
Discipline - Important policy letters Financial irregularities and misuse of resources
• Misuse of resources
• Vigilance cases
Complaints, petitions and appeals
• Auth to whom petition may be addressed
• Para 370 appeal against audit
• Processing of complaints common mistakes
• Defence of court cases
• Points to remember
• Important points for fmn HQs
Arbitration
• Filing
Human rights
• Human Rights cell (Army HQ)
• The Armed Forces (Special Powers) Act, 1958
• Applicability
• Disturbed area
Part III - Power of Formation Commanders
• Legal powers of fmn cdrs
• Powers in regard to courts martial other than SCM
• Army Act sections
• Salient points
• Powers as confirming officer
• Alteration of finding and sentences of courts martial
• Powers to set aside SCM
• Powers to annul court martial proceedings
• Powers to order revision
• Powers of pardon and remission
• Suspension of sentence
• Summary powers
• Penal deductions
• Powers with regard to adm action
• Award of censure
• Important points
• Collective fines
• Powers to grant relief statutory complaints
• Non statutory complaints
• Courts Martial
• Review of summary punishment
• Restoration of pension/gratuity
• Plural marriage
• Common mistake
• Suspension from duty or attachment
• Financial powers to sanction compensation on the basis of
• award of motor accidents claims tribunal
• Financial powers of local commanders to grant compensation in respect of loss
of life or injury or damage to forces property committed by members of the military
• Miscellaneous powers
• Aide-memoire for commanders
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Author Details
Major General Nilendra Kumar, is the Judge Advocate General of Indian Army. Besides a Law Degree and Diploma in Public Administration from University of Lucknow he is an alumini of Jamna Lal Bajaj Institute of Management Studies Mumbai. Commissioned in the Regiment of Artillery in 1969 he took part in the 1971 War in the Western Sector. He has handled various coveted appointments in the JAG Department. He was invited to participate in Law Seminars organized at GeneVa and Bangkok. General Nilendra Kumar has taken concrete steps for dissemination of Human Rights among the Armed Forces personnel. This is his fifth book on Military Law. He has been on the guest faculty of Indian Institute of Mass Communication, Faculty of Management Studies and Ijhe National Defence College.
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