In Brief
The Supreme Court held that a Summary Court Martial (SCM) can lawfully be convened and conducted by the Commanding Officer of a unit to which an accused soldier was attached, not solely by the CO of his parent unit. However, SCM remains an extraordinary remedy that must be justified by clear articulated reasons demonstrating immediate necessity. The Court affirmed that SCM is an exception, not routine practice, and stricter procedural safeguards should apply before such courts are constituted. It remitted the Delhi cases to the High Court for reconsideration on merits and dismissed appeals from Rajasthan where the competency issue did not affect the substantive outcome.
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