Delhi High Court
Col Sanjeev Thakur vs Union Of India And Others on 20 October, 2023
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20th October, 2023
+ W.P.(C) 14007/2023 & CM APPL. 55374/2023
COL SANJEEV THAKUR ..... Petitioner
versus
UNION OF INDIA AND OTHERS ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Ms. Sumit Sinha, Mr. Sumit Sinha & Ms. Pooja Singh,
Advocates
For the Respondents: Mr. Neeraj, Senior Penal Counsel with Mr. Vedansh
Anand, Mr. Sahaj & Mr. Rudra Paliwal, Advocates
Mr. Ankur Chhibber, Advocate for R-7
Major Deepak Ranva, M.S. (Legal), Major Tarun V. Pillai,
M.S. (Legal) & Major Partho Katyayan (Army)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns, inter alia, order dated 04.07.2023 passed by
the Armed Forces Tribunal, Principal Bench whereby the original
application of the petitioner has been dismissed.
2. Learned counsel for petitioner submits that after passing of the
order by the Tribunal, arrest warrants have been issued for securing
the presence of the petitioner. He submits that petitioner has never
refused to join any proceedings and is willing to join the proceedings
Signature Not Verified
Digitally Signed
Signing Date:21.10.2023
17:21:48
subject to his right to take an appropriate defence with regard to
procedural or other lapses on part of the respondents in conduct of the
Court of Inquiry or further proceedings emanating there from.
3. Learned counsel for respondent, per contra, submits that request
for arrest of petitioner was issued since petitioner had failed to
respond to two summons that were issued requiring him to join further
proceedings. He submits that Court of Inquiry has already concluded
and petitioner had participated in the said proceedings and further
proceedings have to be commenced thereafter.
4. Learned counsel for petitioner undertakes that petitioner shall
report to the N-Area, Chandigarh on 30.10.2023 at 11.00 AM.
5. Accordingly, this petition is disposed of directing the petitioner
to report to N-Area, Chandigarh on 30.10.2023 at 11.00 AM to
participate in further proceedings being conducted by the respondents.
It is further directed that respondents shall hold further proceedings
strictly in accordance with the Army Act, Army Rules and
Regulations framed there under.
6. It would be open to the petitioner to take such defences and
objections as may be available in law. Further, respondents are
directed to intimate the concerned Commissioner of Police and
District Magistrate to defer the arrest of petitioner till 30.10.2023
11.00 AM and in case petitioner fails to report as undertaken, the
Police Commissioner and the concerned Magistrate as well as the
respondents would be at liberty to take further coercive action as may
Signature Not Verified
Digitally Signed
Signing Date:21.10.2023
17:21:48
be warranted in facts and circumstances.
7. Petition is disposed of in the above terms.
8. Order dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
OCTOBER 20, 2023
dr
Signature Not Verified
Digitally Signed
Signing Date:21.10.2023
17:21:48
