Wednesday, May 18, 2016

High Court stays court-martial in a case of alleged double jeopardy

It seems that the Punjab & Haryana High Court has stayed the proceedings of a Summary Court Martial (SCM) and a charge-sheet served to a soldier who had been tried earlier for the same offence.

While the exact contours of the case are not yet available, it seems an apparent case of double jeopardy.

It is also interesting to see the Constitutional Court take cognizance of the subject matter since the Armed Forces Tribunal (AFT) has on earlier occasions refused to entertain or provide relief in such matters on the ground that the AFT’s jurisdiction over court martial commences only after the verdict of the Court Martial has been rendered- a very restrictive and limited view in my opinion.

The news has been reported here.

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