Union Of India vs Lt. Col. Rahul Arora 2024 INSC 672 -Army Rules – Court Martial – Judge Advocate

Army Rules, 1954-Rules 39, 40(2) 102 & 103 – Court Martial proceedings –Non recording of reasons of appointment of an officer junior in rank as a Judge Advocate in the convening order invalidates the Court Martial proceedings – Protection under Army Rule 103 is available only where a fit person has been appointed as a Judge Advocate. If the person so appointed is not fit to act and perform the duties of the Judge Advocate, Rule 103 would not come to his rescue. (Para 10-11) – Referred to Union of India vs Charanjit Singh Gill 2000 (5) SCC 742

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