#SupremeCourt Constitution Bench led by Justice KM Joseph to hear matter of disciplinary proceedings in adultery cases within armed forces not lying post the judgment decriminalising Section 497 of the Indian Penal Code.
#SupremeCourtOfIndia #adultery
#SupremeCourtOfIndia #adultery
Hearing starts.
Advocate: We're really concerned with what constitutes indiscipline and unbecoming conduct in the Army.
Justice Joseph: You're filing it in the form of a clarification?
Adv: There were officers indicted for indiscipline, illicit affairs, unbecoming conduct.
Advocate: We're really concerned with what constitutes indiscipline and unbecoming conduct in the Army.
Justice Joseph: You're filing it in the form of a clarification?
Adv: There were officers indicted for indiscipline, illicit affairs, unbecoming conduct.
Adv: If another officer, it may be consensual in nature, enters another officer's quarters when they are posted away from home, some AFTs have given decisions.
Justice Joseph: Which part of the judgment comes in your way? Joseph Shine decriminalises it but can it come in...
Justice Joseph: Which part of the judgment comes in your way? Joseph Shine decriminalises it but can it come in...
Justice Joseph: the way of acting on misconduct?
Justice Rastogi: Every act of misconduct has to be viewed individually.
Counsel for petitioner: Exactly, only issue is whether misconduct can also be gone ahead with.
Justice Rastogi: Every act of misconduct has to be viewed individually.
Counsel for petitioner: Exactly, only issue is whether misconduct can also be gone ahead with.
Justice Joseph: See in uninformed services, there has to be disciplined. If private employer can be permitted to do it then why not forces? If it concerns possibly breaking up of a family then ...
Sr Adv Kaleeswaram Raj: This does not need a clarification. We cant expand scope
Sr Adv Kaleeswaram Raj: This does not need a clarification. We cant expand scope
Justice Joseph: Can you apply Joseph Shine and say you cannot have proceedings against me?
Adv: Rules already punish for misconduct and unbecoming conduct.
Justice Joseph: Perhaps some observations in that judgment say there is a right to illicit affairs.
Adv: Rules already punish for misconduct and unbecoming conduct.
Justice Joseph: Perhaps some observations in that judgment say there is a right to illicit affairs.
Justice Ravikumar: But can he not have disciplinary proceedings.
Advocate: What we are saying is that AFTs have taken a view ... Once and for all it'll take care of the problem. It requires clarification.
Advocate: What we are saying is that AFTs have taken a view ... Once and for all it'll take care of the problem. It requires clarification.
Counsel: One of my clients was given rigorous punishment for three years. But what they did about Army Wives being insecure or indulging in untoward activity is not ... Being an army wife myself ...
Justice Aniruddha Bose: In the event it is a lady officer
Adv: It is gender neutral.
Justice Joseph: Is there anything in the judgment which precludes you from taking action for misconduct?
Adv: Matter was listed late at night so haven't had time to comb through it.
Adv: It is gender neutral.
Justice Joseph: Is there anything in the judgment which precludes you from taking action for misconduct?
Adv: Matter was listed late at night so haven't had time to comb through it.
SC: Our view is that there is nothing precluding you and you can challenge the individual orders.
Adv: We don't want a situation where it comes to a smaller Bench of this Court later.
Adv: We don't want a situation where it comes to a smaller Bench of this Court later.
Justice Joseph: All of you counsel know how adultery tears families apart. We've heard so many cases in HCs in habeas corpus.
One case children refused to talk to the mother, that's the kind of rancour that happens.
#SupremeCourt
One case children refused to talk to the mother, that's the kind of rancour that happens.
#SupremeCourt
Order: list on December 6.
Raj: May hear on maintenability as well.
Advocate: We may get the AFt orders.
SC: that doesn't need to be in order.
#SupremeCourt
Raj: May hear on maintenability as well.
Advocate: We may get the AFt orders.
SC: that doesn't need to be in order.
#SupremeCourt
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