In Brief
A Lance Naik subject to the Army Act was accused of shooting a fellow soldier. The civil police initiated proceedings in the ordinary criminal court. The High Court, upholding the Sessions Judge, held that the accused could only be tried by court-martial under the Army Act. The Supreme Court allowed the State's appeal, holding that where a civil offence falls within concurrent jurisdiction of both the court-martial and ordinary criminal court, the military authorities' conduct—handing over the accused to civil custody, cooperating with investigation and trial—constitutes an implicit exercise of discretion to allow ordinary criminal court proceedings. The mandatory procedural rules requiring notice to the Commanding Officer apply only when both forums conflict; they do not apply when military authorities clearly defer to the ordinary court. The trial shall proceed in the ordinary criminal court.
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