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During General Court Martial (GCM) of Major Surinder Singh, which assembled at Jodhpur on 21 Sep 04, he objected to the composition of the court and stated that he does not expect a fair trial and justice by the Army court. He further stated that in view of these apprehensions, the case should be probed by an independent agency, a retired judge, Navy or Air Force officers The officer is being tried by a General Court Martial constituted under the Army Act. The GCM will follow due process of law and the officer will have full opportunity to raise any objection before the court. The GCM is an independent statutory judicial body and legally empowered to adjudicate all matters brought before it.
The accused officer does not have the discretion under the statute to choose the forum of trial. Being under the Army Act, he can be tried only under the same and not under the Air Force Act or the Naval Act.
In a GCM, the accused can also hire a civil lawyer as his defence counsel (if he chooses to engage one), as is done in any court of law. It is important to point out that this is probably the first time when the COAS has himself ordered even the Summary of Evidence to be recorded in the presence of the media. The apprehensions of Major Surinder Singh that he will not get justice are thus baseless and not based on facts of the process of dispensation of justice in the Army.
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