SC DISMISSES ARMY’S REVIEW PETITION ON SUMMARY COURT MARTIAL

CHANDIGARH: The Supreme Court has dismissed a petition filed by the Army, seeking review of its decision of July 2016, wherein it had held that Summary Court Martials (SCMs) be held rarely and in exceptional circumstances and with reasons recorded in writing.

The SC had declared that the Army’s system of SCM was an exceptional provision and not the rule. The SCMs, whose origin can be traced back to mutiny of 1857, are carried out by the Army for swift action against indisciplined sepoys by a Commanding Officer (CO).

This concept doesn’t exist in Air Force and Navy. The CO is both the judge and prosecutor and the jawan is not entitled for any lawyer and he can be dismissed and sent to imprisonment upto one year.

The apex court had affirmed the view of the Delhi high court that SCM was an exception and before conducting it, immediacy of action must be shown with recorded reasons.

It had held that SCM was meant for extraordinary situations and routine recourse would result in taking away the “livelihood without affording normal procedural protections of law”.

The Army had urged in the review petition that there was no provision in the Army Act for recording reasons for an SCM. While dismissing the review filed on merits, the SC has clarified that the requirement of recording reasons would operate from the date of the decision of the SC, which is July 5, 2016.