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
Army Act, 1950. Summary
of Evidence was recorded under Rule 23, Army Rules and the Respondent was
tried by Summary Court Martial (SCM), headed ... acting as the Reviewing
Authority) and the Summary Court Martial, resulting in a nugatory Court
Martial process, a perusal of the Act, as well
trial by summary Court was
not permitted.
Allowing the apeal and setting aside the judgment of the
High Court, this Court,
HELD: 1. Under section ... judgment
of the High Court as also the conviction and sentence passed
against the appellant by the Summary Court Martial, but
allow the respondents-authorities
Powers of summary courts-martial.
(1) Subject to the provisions of sub-section (2), a summary court-martial may try any offence punishable under this ... offence against the officer holding the court. (3) A summary court-martial may try any person subject to this Act and under the command
Army Act, 1950
162. Transmission of proceedings of summary court-martial.
The proceedings of every summary court-martial shall without delay be forwarded
Section 116 in The Army Act, 1950
116. Summary court-martial.
(1) A summary court-martial may be held by the commanding officer
Martial; (c) Summary
General Courts-Martial and (d) Summary Courts-Martial.
[959G-H; 960A]
2. Section 116 of the Act says that a summary court ... Courts-Martial
960
(c) Summary General Courts-Martial;
(d) Summary Courts-Martial
Section 116 of the said Act says that a summary court
martial
court shall record a finding accordingly. (2) The presiding officer of the court, or, in the case of a summary court-martial, the officer holding ... charged. (4) The authority to whom the finding of a summary court-martial is reported under sub- section (2), and a confirming officer confirming
Army Act, 1950
161. Finding and sentence of a summary court-martial.
(1) Save as otherwise provided in sub-section (2), the finding and sentence ... summary court-martial shall not require to be confirmed, but may be carried out forthwith. (2) If the officer holding the trial is of less
courts- martial;
(b) district courts- martial;
(c) summary general courts- martial; and
(d) summary courts- martial.
109. Power to convene a general court- martial ... serving on a general court-martial or district court-martial.
40. Composition of General Court-martial. —
(1) A general court-martial shall be composed
