In Brief
An Army serviceman was accused of firing at and killing a fellow soldier within barracks. The Army handed him to civil police, who charged him in the Sessions Court. During trial, the accused argued that as both he and the victim were subject to military law, only a court-martial could try him under Section 69 of the Army Act. The Sessions Judge and High Court agreed. The Supreme Court disagreed, holding that when concurrent jurisdiction exists between court-martial and ordinary criminal court, the Army's initial discretion under Section 125 is whether to institute proceedings before court-martial. The Army's decision to hand over the accused to civil authorities and cooperate throughout the investigation and trial constituted a clear exercise of discretion favoring the ordinary criminal court. The trial can lawfully proceed before the Sessions Court.
The lawyer headnote and full judgment text are available to registered users.