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
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.