New Delhi: In a major judgement, the Supreme Court on Tuesday held that armed forces can conduct summary court martial (SCM) and it was permissible for a commanding officer of one unit to hold such proceedings against an accused belonging to another unit.
The apex court delivered its verdict while dealing with the conflicting findings on a batch of petitions on the issue which came from Delhi HC and Rajasthan High Court.
An apex court bench of Chief Justice T.S. Thakur and Justice U.U. Lalit set aside the verdict of the Delhi High Court that the commanding officer (CO) of another unit was not competent to conduct the SCM against the accused.
The apex court, however, “endorsed” the Delhi High Court view that SCM was an “exception” and it was “imperative that a case must be made out for immediacy of action”.
“We hold that it is not imperative that an SCM be convened, constituted and completed by CO of the Unit to which the accused belonged.
“It is competent and permissible for the CO of the Unit to which the accused was attached or sent on attachment for the purposes of trial, to try such accused by convening, constituting and completing SCM in a manner known to law i.e. strictly within the confines of Sections 116.
