Tuesday, February 8, 2022

Does initiation of administrative proceedings bar a court-martial?

Not in India, despite a departmental policy letter indicating otherwise. So says the Armed Forces Tribunal, in the case described here.

1 comment:

  1. The Regulations for the Army (Paragraph 432) dealing with Offences in respect of Public or Regimental Property states, "Persons subject to Army Act committing offences involving moral turpitude, fraud, theft, dishonesty and culpable negligence involving financial loss of Public or Regimental property will be tried by court-martial or prosecuted before a civil court. Such cases will not be disposed of summarily or by administrative action. Punishments in such cases will be deterrent and commensurate with the gravity of the offence." A departmental policy letter cannot override provisions of the Regulations for the Army, which are published under the Authority of the Army Act, 1950.
    Wg Cdr U C Jha (Retd)

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