Col. Rajnish Bhandari vs Union Of India

COL. RAJNISH BHANDARI, VSM Appellant(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

J U D G M E N T

R. F. NARIMAN, J.

Having heard learned counsel for both the parties and

having perused Section 497 of the Ranbir Penal Code, 1932,

applicable to the State of Jammu and Kashmir, we are of the

view that, given our judgment in Joseph Shine v. Union of

India (2019) 3 SCC 39, the pari materia provision contained

in Section 497 of the Ranbir Penal Code be also declared as

violative of Part III of the Constitution of India. The

sentence “In such case the wife shall be punishable as an

abettor”, which does not occur in Section 497 of the Indian

Penal Code, 1860, cannot stand by itself in view of the fact

that the expression used is ‘In such case’. The entire

Section is, therefore, declared to be unconstitutional. The

fact that this statement of law in the Ranbir Penal Code is Signature Not Verified

the exact opposite of the statement of law, so far as the Digitally signed by R NATARAJAN Date: 2019.08.07 12:20:33 IST Reason:

wife is concerned, of that contained in the Indian Penal

1 CIVIL APPEAL NO. 3204 OF 2019

Code, 1860, is of no consequence.

We are, therefore, of the view that nothing survives

against the appellant on charges relatable to Section 497

Penal Code. So far as Section 63 of the Army Act, 1950, is

concerned, the appellant has already been acquitted, subject

to confirmation. The Armed Forces Tribunal judgment dated

08.01.2019 is, therefore, set aside. The appeal stands

allowed.

However, it is made clear that the confirmation

proceedings, so far as the offence under Section 63 of the

Army Act, 1950, is concerned, may go on and reach its

logical conclusion.

…………………………………………………………., J.

[ R. F. NARIMAN ]

…………………………………………………………., J.

[ SURYA KANT ]

New Delhi;

August 02, 2019.

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ITEM NO.54 COURT NO.5 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No. 3204/2019

COL. RAJNISH BHANDARI, VSM Appellant(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With IA No.40443/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.40445/2019-EX-PARTE STAY and IA No.40444/2019- EXEMPTION FROM FILING O.T. and IA No.40442/2019-PERMISSION TO FILE SYNOPSIS AND LIST OF DATES)

Date : 02-08-2019 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SURYA KANT

For Appellant(s) Ms. Meenakshi Arora, Sr. Adv. Ms. Neela Gokhale, Adv.

Ms. Sahrdha Agarwal, Adv. Mr. Elam Pradi, Adv.

Mr. R. P. Chhibber, Adv.

Ms. Kamakshi S. Mehlwal, AOR

For Respondent(s) Mr. R. Balasubramanian, Sr. Adv. Mr. Bharat Singh, Adv.

Mr. Arvind Kumar Sharma, AOR

UPON hearing the counsel the Court made the following O R D E R

The appeal stands allowed in terms of the signed reportable judgment.

Pending applications stand disposed of.

(NIDHI AHUJA) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR

[Signed reportable judgment is placed on the file.]

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