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Friday, November 3, 2023

India's Armed Forces Tribunal has held that a soldier may only be tried by summary court-martial if there are grave and compelling circumstances that require prompt action. Details here. Excerpt from the Chandigarh Tribune's account:

The [Chandigarh] Bench comprising Justice Shekher Dhawan and Air Marshal Manavendra Singh (retd) pointed out that the apex court in Vishav Priya Singh’s case in 2016 had quoted the recommendation of a committee of experts appointed by the Defence Minister that SCM should be “used sparingly and exceptionally and preferably only in operational areas where resort to a regular trial is not practicable”. The committee of experts had also opined that “SCM may not be treated as a routine recourse when other effective tools of enforcing discipline are available”.

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