New Delhi, Feb 22: A Deputy Judge Advocate General (JAG) of the Army has tendered an unconditional apology to the Delhi High Court for having committed contempt of the court. Contemnor Deputy JAG Colonel RK Tripathi had advised a General Court Martial (GCM) to ignore a judgment of the High Court terming it as being against the explicit provisions of the Army Act and not binding on the GCM.
A Division Bench of Justice Vijender Jain and Justice Pradeep Nandrajog, which found Colonel Tripathi's advice to be "contemptous and cryptic" and rendered in an "intemperate language", however, accepted his unqualified apology in view of issuance of a circular directing officers to show respect to the judgment of the Supreme Court and the High Courts.
The circular issued by JAG Major General Nilendra Kumar asked all the formations of the Army not to use intemperate language and show proper respect to the decisions rendered by the Supreme Court and the High Courts.
"As per the scheme of our Constitution, the interpreter of that law in this country are the courts and the precedents set by the High Courts and the Supreme Court are binding on all and sundry, howsoever small or big in rank, a person may be", the Bench observed.
"It is high time when the respondent (Army) must rise to the expectation in tune with the aspirations of our republic, bull-wark of which is rule of law. It is the observance of the law which results in the rule of law," it said.
The court had issued suo motu contempt notice to Colonel Tripathi after it came across his advice during hearing of an appeal filed by a Brigadier against his GCM. Bureau Report