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Sanjay (MD)     04 July 2013

Can indian air froce punish the airman twice for same offenc

Dear Eminent Lawyer,

I request your kind guidance on below case, My brother son worked in IAF for 7 years and Deserted(he applied for discharge twice but his application was turned down by HQ) also he is the only son of his parents. His mother passed away in a tragic accident and his father went into depression but still his application was rejected. Now as per the IAF policy he has been dismissed but IAF calims that if he is apprehended/surrenders he would be punished again.

 

In one of the Cases honoury SC has told IAF that Dismissal from service is one fo the biggest offence but why do they have to dismiss him twice.

 

I request you to please guide me to a Lawyer who is impeccable with Defence Laws preferably retired IAF/Army officers who is parcticing law. His father dont want any pension or any other benefits just a dignified indian citizen life...

Thanks a ton in advance.

Regards,

Sanjay



Learning

 5 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     04 July 2013

Dear Querist,

 

Law would not permit double jeopardy in any case. However, from your briefs, it do not help us giving you appropriate advice. If facts are set in right perspective, we would be in an appropriate case,

 

you may get some relief.

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     04 July 2013

Dear Querist,

 

Law would not permit double jeopardy in any case. However, from your briefs, it do not help us giving you appropriate advice. If facts are set in right perspective, we would be in an appropriate case,

 

you may get some relief.

Sudhir Kumar, Advocate (Advocate)     06 July 2013

connect

https://www.lawyersclubindia.com/forum/Is-it-not-human-right-violation-of-indian-air-force--83810.asp#.UdgqmazQzmk

Ashok, Advocate (Lawyer at Delhi)     08 July 2013

It appears that the first punishment is that of dismissal and the second punishment for the offence of deserting the IAF (for which there may be a separate offnce with punishment of imprisonment). If this is what you are talking about, then these two will not amount to double jeopardy within the meaning of Article 20 of the Constitution. These two punishments can be awarded, since dismissal is not a punishment covered in Article 20 of the Constitution.

 

Moreover, you've mentioned that he is being dismissed twice. I think there appears to be some confusion here. There is no need to dismiss him twice. One dismissal should be sufficient for one particular default. However, as I mentioned above, if the same default (such as deserting IAF) also amounts to a criminal offence under the relevant law concerning IAF, he can be punished for such offence separately in addition to dismissal. It will not be double jeopardy.

Sudhir Kumar, Advocate (Advocate)     09 July 2013

you need to show papers to some nearest available advocate.


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