Court martials: India
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Summary court martials
Should be exceptions; record reasons in writing
Ajay Sura, SC: Must give reason for summary court martial , March 5, 2017: The Times of India
The Supreme Court has dismissed the Army's petition seeking review of an order of the top court in July 2016 which had said that a summary court martial (SCM) must be held only in exceptional circumstances and its reasons recorded in writing.
In the review petition, the Army had stated that there was no provision in the Army Act for recording reasons for an SCM.
An SCM is held by the commanding officer of a corps, department or detachment to which an accused soldier belongs. The commanding officer alone constitutes the court. The SCM can pass any sentence under the Army Act except death or imprisonment for a term exceeding one year.
While dismissing the review petition, a division bench headed by Chief Justice J S Khehar clarified that reasons would have to be recorded from the date of the decision of the court, which is July 5, 2016.
The case was heard on February 16, but the order was released two days ago. In one of its most important rulings on military law, the SC had declared that SCM was an exceptional provision and not the rule.The apex court had affirmed the view of the Delhi high court that officials have to record the reasons holding it immediately .
The Delhi HC had held that the origin of SCM could be traced to the 1857 mutiny for “prompt and swift award of punishment to indisciplined sepoy malefactors.“
The SC endorsed the view of a committee of experts constituted by the defence minister, which had said SCM was not meant for regular recourse and should be replaced with a more robust system meeting constitutional norms.
