Supreme Court upheld the Armed Forces Tribunal’s decision modifying Col. S.K. Jain’s conviction under the Army Act.
SC UPHOLDS TRIBUNAL’S POWER TO SUBSTITUTE CONVICTION UNDER ARMY ACT IN S.K. JAIN CASE
CASE SUMMARY – The Supreme Court of India in S.K. Jain vs. Union of India (2025) upheld the Armed Forces Tribunal’s order substituting Col. S.K. Jain’s conviction under Section 69 of the Army Act with Section 63 for acts prejudicial to discipline. Jain was earlier charged with corruption and unauthorized ammunition possession. The Tribunal found no proof of bribery but held him accountable for negligent possession of old ammunition, modifying his penalty to compulsory retirement with benefits. The Supreme Court affirmed the Tribunal’s authority under Section 15(6) of the AFT Act, ruling the punishment proportionate and within statutory discretion.
| ASPECTS | DETAILS |
| Case Title | S.K. Jain vs. Union of India & Anr. |
| Introduction | The case concerns a disciplinary proceeding under the Army Act, 1950. The appellant, Col. S.K. Jain, challenged the Armed Forces Tribunal’s decision that substituted his conviction and imposed compulsory retirement for misconduct related to ammunition possession. |
| Factual Background | Col. Jain, Commandant of NCVD Udhampur, was accused of demanding bribes and unauthorized possession of ammunition and cash. The General Court Martial (GCM) convicted him of corruption and ammunition possession, dismissing him from service. The Tribunal later acquitted him of corruption and modified the ammunition charge to one under Section 63 (act prejudicial to discipline), reducing his punishment to compulsory retirement. |
| Legal Issues |
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| Applicable Law |
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| Analysis | The Supreme Court held that the Tribunal rightly invoked Section 15(6) of the AFT Act to substitute the conviction under Section 63. The possession of ammunition, though old and not hazardous, violated good order and military discipline. The punishment of compulsory retirement was deemed proportionate and lawful. |
| Conclusion | The appeal was dismissed. The Tribunal’s judgment was upheld, confirming compulsory retirement with full pensionary benefits. |
| Current Scenario | The case reaffirms the Armed Forces Tribunal’s discretionary power under Section 15(6) of the AFT Act to modify findings and impose proportionate punishment. It highlights judicial deference to the Tribunal’s disciplinary discretion. |
“Tribunal’s power under Section 15(6) of the Armed Forces Tribunal Act extends to substituting convictions where justice demands proportional punishment.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – SUPREME COURT UPHOLDS PASSENGER COMPENSATION RIGHTS UNDER RAILWAYS ACT 1989
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