SC sets aside HC order in Samba spying case

SC sets aside HC order in Samba spying case

 The Supreme Court has said that the power of judicial review should be used sparingly in cases where service of an army officer has been terminated by the President under the pleasure doctrine.

Upholding the Centre’s decision to terminate service of army personnel involved in the infamous Samba spy case of 1978, a three-judge bench presided by Justice B S Chauhan said the court exercising the power of judicial review has certain limitations, particularly in the cases of this nature.

“The safety and security of the nation is above everything. When the President in exercise of its constitutional power terminates the services of the Army officers, whose tenure of services are at the pleasure of the President and such termination is based on materials on record, then this court in exercise of powers of judicial review should be slow in interfering with such pleasure of President exercising constitutional power,” the bench said.

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