CO of another unit can hold court martial against accused: SC

In a major judgement, the Supreme Court today 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 High Court 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 and 120 of the Army Act and other Statutory provisions.

"We fully endorse and affirm the view taken by the High Court 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," the bench said
The bench endorsed the findings of the Rajasthan High Court that SCM was valid rule and the Commanding Officer of the unit other than that of the accused can conduct the proceedings.
While deciding the matters, the bench did not interfere with the Rajasthan High court verdict but the cases which emanated from delhi High Court were referred back to it for deciding them on merit.