COURT MARTIAL - POLITY

News: Court martial in J&K killing of 3: Life term for Army officer

 

What's in the news?

       An Army court has recommended life imprisonment for a Captain over the killing of three men at Amshipora in J&K’s Shopian district in 2020.

 

Key takeaways:

       Under section 164 of the Army Act, the accused can file a pre-confirmation petition as well as one post-confirmation.

       A pre-confirmation petition will go to the Army Commander, who may look into its merits.

       The accused can also file a post-confirmation petition, but this must be filed with the government since the officer is cashiered his ranks are removed and he is dismissed from service after confirmation of the sentence by the Army commander.

       After these options have been exhausted, the accused can approach the Armed Forces Tribunal, which can suspend the sentence.

 

Court martial:

       A court martial is a type of military court that is empowered to try members of the armed forces for offenses committed under military law.

       The purpose of a court martial is to maintain discipline and order within the military by ensuring that members of the armed forces are held accountable for their actions.

       A court martial is typically composed of military officers who serve as both judge and jury.

 

Legal Provisions:

       The Armed Forces Tribunal Act 2007 was passed by the Parliament and led to the formation of the Armed Forces Tribunal.

       This tribunal is empowered with the adjudication of disputes and complaints concerning the commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.

 

Composition of the Armed Forces Tribunal:

       The Judicial Members are retired High Court Judges and Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more.

       Judge Advocate General (JAG) who has held the appointment for at least one year is also entitled to be appointed as the Administrative Member.

 

Types of Court Martial:

There are four kinds of courts-martial in India namely

  1. General Court Martial (GCM)
  2. District Court Martial (DCM)
  3. Summary General Court Martial (SGCM) and
  4. Summary Court Martial (SCM).

 

Exception:

       Under the Army Act, army courts can try personnel for all kinds of offences, except for murder and rape of a civilian, which are primarily tried by a civilian court of law.

 

Pardoning power:

       The President of India can use his judicial power under Article 72 of the Constitution to pardon, reprieve, respite or remission of punishment or sentence given by a court martial.