Landmark decision of Supreme Court of India on summary courts martial

In a landmark decision, the Supreme Court of India has held that the provisions of Summary Court Martial (SCM) can only be invoked in exceptional circumstances in cases of grave expediency and that recourse to SCM is not a rule but an exception and that SCM can only be held after recording reasons to the existence of such circumstances.

The Supreme Court has also reproduced and endorsed the Report of the Committee of Experts constituted by the Defence Minister which had made similar observations regarding SCM.

The apex court has upheld a Delhi High Court decision on the aspect of SCM being an exceptional provision but has not agreed with the observation of the High Court that a soldier cannot be tried by the Commanding Officer of another unit to which the said soldier is for the time being attached. The Supreme Court has remanded back the case to the Delhi HC to be heard on merits.

A detailed report by The Indian Express can be accessed here.