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Report No. 169

3.2. S.N. Mukherjee's case.-

In 1990, a Constitution Bench of the Supreme Court, in S.N. Mukherjee v. Union of India, 1990 (4) SCC 564 while emphasising the undeniable desirability of the recording of reasons as a principle of natural justice, held that the same cannot be insisted upon in the proceedings taken under the Army Act. The court pointed out that the Army Act and the rules made thereunder provided for recording of reasons only in two situations and in no other situation. The two situations in which reasons are required to be recorded are-(a) where the court martial makes a recommendation of mercy and (b) where the proceedings of the summary court martial are set aside or the sentence imposed by it is reduced. The court held further that:

"reasons are not required to be recorded for an order passed by the confirming authority confirming the findings and sentence recorded by the court martial as well as for the order passed by the Central Government dismissing the post-confirn'ation petition."



Amendment of Army, Navy and AIR Force Acts Back




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