IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 217 CRWP-6984-2025 (O&M) Date of Decision: 12.08.2025 Number IC-61349N Colonel Vikas Pandey ....Petitioner Versus Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI ---- Present: Mr. Janesh Kumar Khera, Advocate and Mr. Jasbir Singh, Advocate for the petitioner. Ms. Bhavana Datta, Senior Panel Counsel for respondents No.1 to 6 – UOI. **** Harsimran Singh Sethi, J. (Oral) 1. In the present petition, the grievance being raised by the petitioner is that the proceedings of the Court Martial are not being held in the manner in which it is required to be conducted, which is causing prejudice. 2. Learned counsel for the petitioner argues that after recording the statement made by the witnesses, the same has not been signed by them on all the pages and it is highly probable that the same may be manipulated so as to pass an adverse order against the petitioner. 3. After arguing, learned counsel for the petitioner further submits VARINDER PRASHAD 2025.08.20 11:24 I attest to the accuracy of this document PHHC CRWP-6984-2025 (O&M) -: 2 :- that liberty be given to the petitioner to take the plea that the way and order under which signing of the witness statement was being followed in the other proceedings of Court Martial, was not being followed in the present case, which is causing prejudice to the petitioner. 4. Learned counsel appearing on behalf of the respondents submits that there are no rules which exist which could dictate the exact procedure for signing of the statement of the witnesses on every page. Learned counsel submits that nothing has come on record to show that any witness statement has been incorrectly recorded or the same has been manipulated in any manner even as of now. Learned counsel for the respondents further submits even as of now, the proceedings initiated against the petitioner are pending and in case, against the ultimate decision passed by the Court Martial, the petitioner is aggrieved, he can avail appropriate remedy before appropriate Forum. 5. Keeping in view the totality of the circumstances, the present petition is disposed of with the direction that in case, the petitioner is aggrieved in any manner against the final order passed under the Court Martial and the petitioner intends to avail the remedy of an appeal before the competent authority, the petitioner will be free to raise all the objections including the one raised in the present petition as well. In case, any objection or plea is taken that the statement made by the witness has not been signed by them on all the papers and the same has caused any prejudice to the petitioner or, the said witness statement has been manipulated in any manner, due consideration will be given by the appellate authority on the said plea and the said issue will be decided keeping in view the evidence brought on record by the petitioner to support the said assertion or, the evidence brought on record VARINDER PRASHAD 2025.08.20 11:24 I attest to the accuracy of this document PHHC CRWP-6984-2025 (O&M) -: 3 :- by the respondent to deny or rebut the said assertion. 5. With the above directions, the present petition is disposed of. 6. Pending applications, if any, also stand disposed of. (HARSIMRAN SINGH SETHI) JUDGE (VIKAS SURI) August 12, 2025 JUDGE Varinder Whether speaking/reasoned : Yes Whether reportable : No VARINDER PRASHAD 2025.08.20 11:24 I attest to the accuracy of this document PHHC