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ark200   01 January 2015

Is army court martial against principle of natural justice?

the rule of natural justice says:

 

no man can judge his own cause.

 

in army court martial, army is a party to the cause. isn't it judging one's own cause by oneself? isn't it against principle of natural justice stated above?



Learning

 3 Replies

Jai Karan Nagwan (consultant)     01 January 2015

Court martial constitutes under AF/naval/ Army Act is tribunal and not against the principal of natural justice. It is same way happens for civil services as domestic enquiry.

Jai Karan Nagwan (consultant)     03 January 2015

You can send private message with facts of case and decision of court martial, if I may help you.

Sudhir Kumar, Advocate (Advocate)     26 May 2015

Fully agreed with Mr Nagwan.


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