Happy 236th birthday, U.S. Coast Guard

Alexander Hamilton
1st Secretary of the Treasury

Leaving military service to join a civil post is not a right : Indian Supreme Court

Economic Times reported the case of a serving Corporal of the Indian Air Force who cleared the state examination to become a civil servant; however, he was not allowed to leave by the Air Force authorities. His plea was previously rejected by the Armed Forces Tribunal, New Delhi and the Delhi High Court.

Indian Supreme Court affirmed the decision of the earlier courts and reiterated that a person enrolled in the Armed Forces cannot assert a general right to act in breach or defiance of policies governing taking permission from the organization to leave military service for joining a civil post.

A vexing decision

Israel's High Court of Justice has unanimously rejected a petition in a case with tragic facts but what seems a proper application of the governing law. Details here from the Jerusalem Post. 

Watch for the Knesset to grant relief legislatively.

AFT vacancies reach crisis point

India's Armed Forces Tribunal has a backlog of 11,000 cases and numerous vacancies on the court. Details here.

What gives?

ROK: no suspended sentences for military assaults

Chosun Daily reports here on a recent Republic of Korea court decision. Excerpt:

The Constitutional Court of Korea ruled that a provision in the Military Criminal Act, which imposes life imprisonment or a minimum prison sentence of seven years for military personnel who forcibly assault fellow soldiers or civilian military employees and cause injury, does not violate the Constitution.

The court announced on the 26th that it upheld the constitutionality of the provision in a 7-2 decision, following a constitutional challenge arguing that the statutory minimum sentence for aggravated indecent assault resulting in injury under military law was excessively harsh.

* * *

This marks the first time the Constitutional Court has ruled on the constitutionality of the Military Criminal Act’s provision mandating life imprisonment or a minimum seven-year sentence for aggravated indecent assault resulting in injury against military personnel.