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KARNAVATI UNIVERSITY
UNITEDWORLD SCHOOL OF
LAW

ADMINISTRATIVE LAW PROJECT

ON
TOPIC: DRAFTING A WRIT PETITION

SUBMITTED TO:
Prof. Stency Maria Mark

SUBMITTED BY:
Chintan Jain
Semester- 5A
20200401020
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Synopsis of Facts:

Shri Sujoy Bose (“Mr. Bose”), after being promoted to the post of Lieutenant General (Lt. Gen.)
of the Indian Army on 15th January 2022, he was also assigned the task of being in charge of the
Arms Deal which was about to take place between the Indian Army and Hindustan Aeronautics
Limited (HAL), an Indian Defence Manufacturer, as a part of Prime Minister Shri Narendra
Modi's "Atmanirbhar Bharat" Initiative and 75th Azaadi ka Amrit Mahotsava.

During the supervision of the dealings with HAL, Mr. Bose came across some suspicious
activities. He investigated into it to find that certain army officials were engaged in unauthorized
trading of the weapons which were of lethal and dangerous nature and could have caused
potential harm to the safety and tranquility of the General Public.

On 26th January 2022, he objected to such forbidden weapon dealing happening internally and
reported the same to the senior officials. Since, those army officials engaged in such prohibited
arms dealing were themselves holding influential position in the Indian army and they were
threatened by the fact that Mr. Bose could expose them.

A District Court Martial Proceedings out of nowhere were initiated on 5th April 2022, against Mr.
Bose on false charges without any opportunity given to him to defend himself or present his
case, and the Commanding officers presiding over the trial were none other than those who had
direct connection with that arms dealing and owing to their personal and subject-matter
biasedness, relying upon the false charges and evidences against Mr. Bose, the bench on 8 th April
2022 held the decision to forfeit his promotion to the rank of Lieutenant General.

Aggrieved by the Court Martial order passed by the Commanding officers against him, he
approached the Armed Forces Tribunal (AFT), Delhi Bench to appeal against the same on 23 rd
April 2022. But, since, those commanding officers were influential and they ensured that his
appeal is paid no heed at the tribunal, even the AFT on 31 th May 2022, upheld the Court Martial
order. Thus, Mr. Bose now accepting it as his fate settled with the final order passed by the AFT.

However, her daughter, Sushmita Bose, a law student, enraged by this grave injustice, has now
decided to approach the Hon'ble High Court of Delhi to demand justice for her father by filing a
writ petition enforcing the fundamental rights guaranteed under the Constitution of India.
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IN THE HIGH COURT OF DELHI AT NEW DEHI

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. OF 2022

(Under Articles 226 & 227 of the Constitution of India)

IN THE MATTER OF:

Ms. Sushmita Bose, aged about 24 years, D/o Shri ex-Lt. Gen. Sujoy Bose, Occupation- LL.M
Student at West Bengal National University of Juridical Sciences (WBNUJS), R/o Flat No. 12,
Sector V, Salt Lake, Kolkata, West Bengal- 700091 ... Petitioner

VERSUS

1. Union of India,

Through Ministry of Defence, South Block, Secretariat Building, New Delhi- 110011.

2. Armed Forces Tribunal,

Regional Bench at Delhi, New Delhi- 110066 … Respondents

WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF

INDIA FOR CHALLENGING THE FINAL ORDER PASSED BY THE ARMED
FORCES TRIBUNAL AGAINST AN APPEAL MADE OVER DISTRICT COURT
MARTIAL (DCM) PROCEEDING BY ISSUING A WRIT, ORDER OR DIRECTION IN
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT DECLARING
THE ORDER OF THE TRIBUNAL TO BE UNCONSTITUTIONAL ON ACCOUNT OF
BEING VIOLATIVE OF THE FUNDAMENTAL RIGHTS ENSHRINED UNDER
ARTICLE 14, 19 AND 21 OF THE PART III OF THE CONSTITUTION OF INDIA
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To,

The Hon’ble Chief Justice and

His Companion Justices of the

Hon’ble High Court of Delhi

The humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH:

1. That the present writ petition under Article 226 of the Constitution of India is being filed by
the Petitioner to enforce fundamental rights, particularly the Right to Life (Article 21) & Right to
Equality (Article 14) guaranteed by the Constitution. The petitioner is a public-spirited individual
and comes from the family of army background, daughter of Shri ex- Lt. Gen. Sujoy Bose.

2. That the Petitioner’s Father (“Mr. Bose”) was commissioned in Indian Army on 19 th March
1989 and earned promotions and was promoted to the rank of Lieutenant General in January
2022. Mr. Bose has been honored thrice with the Ati Vishisht Seva Medal and once with the Vir
Chakra during his thirty-three years of commissioned service in the army, thus hereby
highlighting the fact that Mr. Bose had been a revered serviceman during this three decades with
the Indian Army.

3. That on the 5th day of April of 2022, a Court-Martial Proceedings were initiated against Mr.
Bose by a bench of Commanding officers without any prior information of the same or any
opportunity to defend or present his side.

4. That false charges were levied on Mr. Bose during the proceedings, in addition to that, false
evidences were presented against him based on which his promotion was revoked by an order
passed by the bench of the Commanding Officers on the 8th day of April of 2022.

5. That aggrieved by such an order, an appeal was made before the Armed Forces Tribunal
(Delhi Bench) i.e. the Respondent no. 2 on the 23rd of April of 2022 which again got into vain as
the final order passed by the Tribunal on 31st May 2022 was influenced under the control of the
Commanding Officers who were not in favour of the upholding of the Appeal, hence the
Petitioner
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here being the daughter of Mr. Bose, having no other efficacious remedy left, has approached
this Hon’ble court by way of this Writ Petition under Articles 226 and 227 of the Constitution of
India.

6. That the Petitioner has not filed any other Writ Petition before this Hon’ble Court or before
any High Court or before any other courts or any authority throughout the territory of India,
seeking the same and/or similar relief as prayed for by the Petitioner in this Writ Petition.

7. Therefore, it is humbly submitted by the Petitioner that the administrative action taken by the
Commanding Officers against Mr. Bose is unconstitutional, arbitrary and unfair because of the
following grounds given as under:

Grounds:

That the present writ petition is being filed on the following grounds:

A) Because the Court-Martial Order of Forfeiture of Mr. Bose’s promotion is violative of the
Articles 14, 19 and 21 of the Constitution of India and also the Principles of Natural Justice.

B) Because the Commanding Officers holding the Court-Martial Proceedings were having
personal biasedness against Mr. Bose throughout the trial and they abused their power and
discretion to obstruct justice and interfered with the process of justice and law.

C) Because as it can be understood from the circumstantial evidence, there has been an attempt
made to suppress the voice of an honest, highly decorated, and virtuous army officer through
such unfair means of initiating a fabricated and malicious trial against him.

D) Because the final order passed by the Respondent No. 2 was made under the undue influence
of the army officials, thus there was a clear failure of the exercise of own discretion of Tribunal.
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PRAYER
Wherefore, in the lights of the facts and circumstances stated above, it is most respectfully
prayed that this Hon’ble Court may be graciously pleased to:

i) Issue a writ of Certiorari or any other such appropriate writ against the Respondents thereby
quashing the impugned order of the tribunal dated 31.05.2022;

ii) Grant reasonable compensation to Mr. Bose for the grave injustice happened to him and order
the Respondents to reinstate the Position of Lieutenant General to Mr. Bose with all due respect;

iii) Pass any such other order as this court may deem fit and proper on the facts and
circumstances of the present case in the best interest of equity, justice, fairness, morality and
good conscience.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL, AS IN DUTY

BOUND, FOR EVER PRAY.

Place: Filed by:

Date: ………...……………

Counsel for Petitioner

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References:

 “SC restores HC jurisdiction over AFT orders” available at:

https://www.tribuneindia.com/news/punjab/sc-restores-hc-jurisdiction-over-aft-orders-
24900
 “Armed Forces Tribunal Act Excludes Administrative Supervision Of High Court But Not
Judicial Superintendence & Jurisdiction U/A 226: Delhi High Court” available at:
https://www.livelaw.in/news-updates/delhi-high-court-jurisdiction-armed-forces-tribunal-
act-judicial-superintendence-article-226-194282
 “ Armed Forces Tribunal Act Cannot Curtail High Court's Power Of Judicial Review
U/A 226: Allahabad High Court” available at: https://www.livelaw.in/news-
updates/allahabad-high-court-judicial-review-article-226-constitution-armed-forces-
tribunal-act-193678
 “ Jurisdiction of High Courts cannot be bypassed: Delhi HC rules on judicial review
against AFT orders ” available at: https://indianexpress.com/article/cities/delhi/delhi-
high-court-atf-orders-judicial-review-7821932/