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2026 DAILYLAW 139 (JK)

GNR TEJINDER SINGH v. UNION OF INDIA TH SECRETARY, MINISTRY OF DEFENCE, NEW DELHI AND OTHERS

WP(C)/673/2026 · 2026-03-12

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2026

Judgment text

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Sr. No. 85 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 673/2026 CM No. 1527/2026 GNR Tejinder Singh …. Petitioner/Appellant(s) Through:- Mr. Danish Butt, Advocate V/s Union of India & ors. …..Respondent(s) Through:- Mr. Vishal Sharma, DSGI with Mr. Sumant Sudan, Advocate CORAM : HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 12.03.2026 1. During the course of argument, it is brought to our notice that during the pendency of proceedings before the Armed Forces Tribunal, the General Court Martial has concluded its proceedings and has held the petitioner guilty of charges. It is submitted that the findings of General Court Martial are pending confirmation by the Competent Authority. 2. In view of the aforesaid changed position, this petition is virtually rendered infructuous. Mr. Danish Butt, learned counsel appearing for the petitioner submits that he would have challenged the verdict of General Court Martial but could not do so in view of the impugned order passed by the Tribunal, by virtue of which, all his pleas taken before the Tribunal stand virtually rejected. 3. Having heard learned counsel for both the parties and perused the material available on record, we are of the considered opinion that this petition as also OA No. 188/2025, which was preferred before the Tribunal, has been rendered infructuous because of subsequent development i.e. the verdict passed by the General Court Martial. 2 4. In these circumstances, the petitioner, if aggrieved, is left with a remedy of making a representation before the Confirming Authority or to file a fresh petition, challenging the verdict of General Court Martial on all available grounds. 5. Faced with the aforesaid position, learned counsel appearing for the petitioner submits that the petitioner would prefer to go for filing a fresh petition before the Armed Forces Tribunal challenging the entire proceedings, right from the Court of Enquiry to the culmination of trial by the General Court Martial. 6. For the foregoing reasons, the order impugned in this petition is quashed and OA No. 188/2025 dismissed as having been rendered infructuous. The petitioner shall be at liberty to file fresh OA before the Armed Forced Tribunal challenging the verdict of the General Court Martial on all available grounds including the ground that the Court of Enquiry proceedings were not in consonance with law. (SANJAY PARIHAR) (SANJEEV KUMAR) Judge Judge JAMMU RAM MURTI/PS 12.03.2026 Ram Murti 2026.03.12 17:44 I attest to the accuracy and integrity of this document Jammu