Observing that maintaining discipline in the Army is of paramount importance, the Supreme Court on Tuesday upheld the powers of commanding officer (CO) to conduct summary court martial proceedings to
Observing that maintaining discipline in the Army is of paramount importance, the Supreme Court on Tuesday upheld the powers of commanding officer (CO) to conduct summary court martial proceedings to punish delinquent personnel.
Giving this ruling, a bench of Chief Justice T.S. Thakur and Uday Lalit held that it is not imperative that an SCM be convened, constituted and completed by the 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 the Army Act and other statutory provisions.
The bench, however, cautioned the Army, stating that SCM is an exception and it is imperative that a case must be made out for immediacy of action. The reasons to convene an SCM must be followed by well articulated reasons or the record itself must justify such resort.
