Legal Question in Criminal Law in India

Sir, I am a retired Army person, presently settled at Pune. on a reference and directions from Armed Forces Tribunal, Mumbai bench, I am approaching you for legal advice/directions on the issues as stated in succeeding paragraphs.

ELIGIBILITY FOR FILING CASE AT ARMED FORCES TRIBUNAL

DEATH CASE OF ARMY PERSON - FOUND DEAD WHILE ON DUTY AT HIS PLACE OF DUTY

2. My step son, No 15466392Y Late Sowar Jitender Kumar Soni while serving in the Army, died on 29th Sep 1996 in mysterious circumstances, while he was at his place of duty. After a prolonged correspondence over the 14 years at all level right from the President of India to the Organisation where he was serving, finally I could get a copy of the Army Court of Inquiry of death case on directions from the Central Information Commission under RTI. On going through the Court of Inquiry, certain startled facts came to light which gave clear indication of foul play behind this mysterious death. However the Army authorities termed the death as death due to suicide.

3. On my repeated requests and even directions from Army Headquarters, the concerned Army authorities did not re-investigate the case either through an Independent Inquiry or the CBI. At this stage, it is my ardent request to you to conform whether I am or my wife (who is next of kin to Jitender Kumar, as per his service records), are eligible to file the said case at the Bench of Armed Forces Tribunal.

Looking for the judicious response,

Yours sincerely

Om Prakash Soni


Asked on 6/22/11, 4:02 am

2 Answers from Attorneys

shiv shakner saini saini law

call Mjr. u azad advocat giving him my refrance his no is 9414217866

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Answered on 6/22/11, 5:24 am
Shrichand Nahar S.V.Nahar, Advocate

I am not aware of procedure of Army Tribunals.

However, you can certainly consider approaching the high court or the supreme court under their writ jurisdiction.

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Answered on 6/22/11, 10:48 pm


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