also be liable to fine. Explanation 1.— A trial before a Court-martial is a judicial proceeding. Explanation 2.— An investigation directed by law preliminary
contended
before this Court that the order of the Chief of Army Staff
confirming the proceedings of the Court Martial under Sec-
tion ... Constitution Bench of this Court has held
that the confirming authority, while confirming the findings
and sentence of a Court-Martial, and the Central Government
523G]
The Court order set aside. The writ petition in the
High Court allowed, and the impugned proceedings of Summary
Court-Martial and the consequent ... High Court set aside,
the writ petition preferred in the High Court allowed and
the impugned proceedings of the
524
Summary Court-Martial dated March
cases where the punishment or sentence is by a Court Martial; (b) in all cases where the punishment or sentence is for an offence against ... Union to suspend, remit or commute a sentence by a court martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power
Force Act provide:
" 1 24. Choice between criminal court and court-martial.-
When a criminal court and a court-martial have each
jurisdiction ... reading of the above provisions shows that
when a criminal court and court-martial each have
jurisdiction in respect of the trial of the offence
other law, shall be tried by a Court to which this Code applies or by a Court-martial; and when any person is brought before ... liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such
exercised by the Tribunal relating to matters of appeal against the Court-
Martial. The said Section reads as fellows:
" Section 15 . Jurisdiction, powers ... Supreme Court. Under the Constitution, the power of superintendence of
High Court is already excluded against a Court Martial verdict."
87. On a specific
situation is bound to arise where an ordinary criminal
court and the court martial both will have jurisdiction to
try a person for having committee ... kinds of
court-martial: (a) general courts-martial; (b) district
courts-martial, (c) summary general courts-martial; and. (d)
summary courts-martial. Section
meanwhile, filed
writ petition in the Bombay High Court challenging the
jurisdiction of the Court-martial ... Court. The rule reads as under:
"41. Inquiry be court as to legal
constitution. [1] On the court
assembling, the order convening the
court
prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend