COURT MARTIAL/summary trail in ARMED FORCES
GENERAL/DISTRICT/SUMMARY GENERAL COURT-MARTIAL & summary trial in Army are being conducted without following due process of Law, which have no locus stendi in the eye of Law but due to un-awareness clubbed with harassment by the Authority to the victim (accused), one either not take legal recourse in time or surrender before the Court, which may cause irreparable loss to the Victim. Evidently, the Presiding Officer as well as the Trail Judge Advocate with the assistance of the Prosecutor & Commanding Officer fails to give equal opportunities to the victim to prove his point or influence the independent witness due to their position of power. Even mandatory provision of giving legal assistance to the victim, through defending officer (again served Defence Officer) most of the time unable to defend the interest of the victim, thus cause prejudice and is a complete violation of the principle of Natural Justice.
As per provisions of Law, the victim has all right to examine the witnesses, produced additional witness, make an additional statement or even cross-examine the witness at any point of time but in absence of legal assistance, most of the time they fell trap to the nexus as explained above, resultantly plead guilty due to prolonged harassment at the time of Inquiry or Summary of Evidence or unable to prove non-guilty. The privilege of hiring an Advocate or Counsel as per choice, Pre or Post confirmation petition or challenging foul play even during trial, may help the victim to defend his case properly. Generally, defence witnesses are not been called/ examined during GCM/DCM by ignoring repeated request. Defence Lawyer was subjected to humiliation; resultantly sometime he (civil lawyer) left the proceedings in-between.
An egregiously aggrieved victim number of timeS pleaded guilty under pressure and due to proceedings of charge trails on fabricated charges & not to have access of documents ie, copy of charge-sheet, minor offence report, CoI/formal investigating etc, which are required for making a proper and effective statutory revision under Rule 33 to go for review of minor punishment, if awarded discriminately or maliciously. To avail remedy of statutory provisions against wrongdoing under the Army/Navy/AF Act is not being dealt as per merit. A mandatory provision that every officer receiving such complaint shall make as complete an investigation into it, as may be possible for giving full redress or refer to superior authority but ignorance of procedure on the verge of discipline mandate is bad in Law.
Manipulating false case and proactively set up their own men as defence witnesses indoctrinate identically same statement exactly from all witnesses in CoI/SoE/summary trail/During trial and trial Judge Advocate number of time prevented defence counsel from making cross-examinations of PWs and which cause gross prejudices and miscarriage of justice.
ADM DISMISSAL
Most of the dismissal on the verge of discipline code, is without opportunity to the victim (accused) which is gross violation of Apex Court guidelines that even a single victim not to be punish on suspicious charges without giving ample opportunity and benefit of doubt always go to the victim. All such dismissal based on reply of Show Cause Notice or after finding guilty through Inquiry, are being done without following principle of natural justice, hence not sustainable in eye of Law. Number of time dismissal was converted in discharge but due to delay in justice, it causes irreparable loss to victim due to social stigma, loss of career etc.