Gp Capt challenges GCM jurisdiction: The Tribune India
Chandigarh, February 23
A special plea on the jurisdiction of the General Court Martial (GCM) trying a group captain for alleged failings that resulted in the downing of a Mi-17 helicopter in friendly fire near Srinagar in February 2019 has been raised by the officer when the trial started here today.
After the officer was arraigned and the charges against him read out, Gp Capt SR Chowdhury filed a plea claiming that the GCM had no jurisdiction to try him due to the violation of various rights which he had and irregularities in pre-trial proceedings. , sources said.
The GCM has no jurisdiction to try him for violation of various rights and irregularities in pre-trial proceedings.
The plea was raised under Air Force Rule 59, which allows a defendant, before pleading guilty or not guilty to a charge, to challenge the jurisdiction of the court on legal and technical grounds such as improper composition of the tribunal or procedural flaws in the investigation. of charges.
Sources said nine charges were brought against the group captain under Section 41 of the Air Force Act for disobeying lawful orders, Section 62 for offenses related to death or bodily injury or damage to aircraft and section 65 of the Act.