The Delhi high court on Tuesday stayed the army from sentencing Major Surinder Singh, who was found guilty by a General Court Martial of stage-managing encounters at Siachen glacier.
"The sentence awarded to the petitioner (Major Singh) shall not be confirmed till further orders by this court," a bench comprising Justice D K Jain and Justice H R Malhotra said.
The bench issued notices to the defence ministry and army authorities on the writ petition filed by Major Singh seeking documents relating to the court martial held in Jodhpur.
The court fixed February 15 as the next date of hearing.
Major Singh, a Gorkha Rifles officer, was dismissed from service and sentenced to three-year rigorous imprisonment on December 21 by the GCM held in Jodhpur. He approached the court for stay of further proceedings with regard to the confirmation of the GCM findings and the sentence awarded to him during the pendency of his petition.
He has also sought the records of the GCM proceedings.
Advocate R S Randhawa and Mamta Mehra, appearing for Major Singh, claimed that the officer had requested the army authorities and the defence ministry to supply the copy of the GCM proceedings under the provision of Army Rule.
Singh was tried for faking encounters during forward deployment of his battalion in the Siachen glacier in August-September last year. The Major had filmed the fake encounters to buttress his claims to bravery awards and for favourable mention by higher officials.
