AIR 1999 SUPREME COURT 1980 ::1999 AIR SCW 1670 ::1999 CriAppR(SC) 274 ::(2000) 1 MahLR 22 ::1999 ChandLR(Civ&Cri) 270 ::1999 (2) UJ (SC) 1055 ::(1999) 79 DLT 14 ::(1999) 3 CurCriR 72 ::(1999) 2 CurCriR 521 ::(1999) 25 AllCriR 1400 ::1999 CriLR(SC&MP) 370 ::1999 SCC(Cri) 596 ::1999 (4) SCC 521 ::1999 (2) RecCriR 784 ::(1999) 3 Scale 620 ::1999 CriLR(SC MAH GUJ) 370 ::1999 (2) AndhLT(Cri) 261 SC ::1999 (2) AllCriLR 383 ::(1999) 5 Bom CR 559 ::1999 (2) ChandCriC 40 ::(1999) 49 DRJ 732 ::(1999) 2 EastCriC 97 ::(1999) 17 OCR 31 ::(1999) 2 Ker LT 75 ::(1999) 3 Lab LN 421 ::1999 (3) Crimes 60 ::1999 (3) LRI 649 ::1999 (5) Supreme 366 ::1999 (39) AllCriC 195 ::1999 AllMR(CRI) 2 1177 ::(1999) 3 JT 631 (SC) ::1999 (6) SRJ 418

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): G. B. Patnaik, K. T. Thomas , JJ

Constitution of India , Art.226— Navy Act (62 of 1957) , S.77(a)— Judicial review - Against findings of competent authority in Court martial proceedings - High Court re-appreciated evidence and substituted finding of guilt recorded by authority - Oversteps jurisdiction. Crl. W.P. No. 1511 of 1992, D/- 6-10-1993 (Bom), Reversed. It is of course true that notwithstanding the finality attached to the orders of the Competent Authority in the Court Martial Proceeding the High Court is entitled to exercise its power of judicial review by invoking jurisdiction under Art. 226 but that would be for a limited purpose of finding out whether there has been infraction of any mandatory provisions of the Act prescribing the procedure which has caused gross miscarriage of justice or for finding out that whether there has been violation of the principles of natural justice which vitiates the entire proceeding or that the authority exercising the jurisdiction had not been vested with jurisdiction under the Act. The said power of judicial review cannot be a power of an Appellate Authority permitting the High Court to re-appreciate the evidence and in coming to a conclusion that the evidence is @page-SC1981 insufficient for the conclusion arrived at by the Competent Authorities in Court Martial Proceedings. At any rate it cannot be h....