A division bench, comprising Justices V K Bali and M S Gill, disposed of the petition after the Army Counsel gave an undertaking that the officer would be attached to a unit outside J&K for his trial and that the proceedings would be open to the public.

Maj. Singh, who as a company commander in 5/5 Gorkha Rifles allegedly staged fake killings and demolitions of enemy bunkers in the Siachen Glacier, the world's highest battlefield, had asked that he be moved to a location where he would get a fair opportunity to defend himself.

He had challenged the (Army's) order of his attachment to a remote unit in the Kashmir Valley on the grounds that there is a restriction on his employability, placed by the Medical Board, in that he is unfit for service in an high-altitude area.

He had said that the unit to which he is being attached is at an insurgency-infested place where, besides the possibility that his health would suffer, counsel could not go to appear for the defense.