The High Court of Jammu & Kashmir and Ladakh at Srinagar has ruled that Rule 147-A of the Army Rules, 1954, which permits denial of court martial records in cases involving national security concerns, is constitutionally valid and protected under Article 33 of the Constitution.
At the same time, the Division Bench held that the Armed Forces Tribunal (AFT) erred in dismissing a soldier’s appeal merely because certified copies of the court martial proceedings were unavailable to him under the same rule.
The Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar passed the ruling while hearing a petition filed by Mushtaq Ahmad Malik, who had challenged the dismissal of his appeal by the AFT Srinagar.
Mushtaq Ahmad Malik approached the High Court after the Armed Forces Tribunal rejected his appeal against conviction by a Summary General Court Martial. The tribunal had dismissed the appeal on the ground that it was not accompanied by certified copies of the conviction and sentence order.
The petitioner argued that the Army authorities themselves had denied him copies of the court martial proceedings by invoking Rule 147-A of the Army Rules, 1954. He also challenged the constitutional validity of the provision, claiming it violated Articles 14 and 21 of the Constitution.
The Union of India defended the rule, stating that the Central Government had certified that disclosure of the proceedings would be against the interests of national security and friendly relations with foreign States.
The High Court examined Rules 147 and 147-A of the Army Rules. Rule 147 grants a person tried by court martial the right to obtain copies of proceedings, while Rule 147-A creates an exception where the Central Government certifies that disclosure would affect security interests.
The Bench noted that even when copies cannot be supplied, the accused or his legal adviser may still inspect the proceedings subject to specified safeguards.
The petitioner contended that only Parliament, and not delegated legislation framed by the Government, could curtail fundamental rights under Article 33.
Rejecting the constitutional challenge, the High Court held that rules framed under statutory authority also qualify as “law” for the purpose of Article 33.
The Court observed that the Army Rules were framed under powers delegated by Parliament through Section 191 of the Army Act, 1950, and therefore enjoyed constitutional protection.
The Bench held that Rule 147-A validly permits denial of copies in matters involving security concerns.
However, the Court held that the Armed Forces Tribunal was not justified in dismissing the petitioner’s appeal merely because certified copies of the court martial proceedings were unavailable under Rule 147-A.
According to the Court, the tribunal should have summoned the court martial records in sealed cover and decided the appeal after permitting inspection in accordance with the Rules.
The High Court ultimately set aside the Armed Forces Tribunal’s order and restored the petitioner’s appeal.
It directed the tribunal to reconsider the matter on merits after summoning the Summary General Court Martial records and allowing inspection of the proceedings to the petitioner or his counsel in terms of Rule 147-A.
Case Title: Mushtaq Ahmad Malik v. Union of India & Ors.
Case Number: WP(C) No. 1945/2024
Court: High Court of Jammu & Kashmir and Ladakh at Srinagar
Bench: Justice Sanjeev Kumar and Justice Sanjay Parihar
Date: May 14, 2026
