GENERAL OFFICER COMMANDING versus CBI AND ANR

GENERAL OFFICER COMMANDING versus CBI AND ANR

Sanction of the Central Government is required before prosecution can be instituted against Army personnel for actions reasonably connected to the discharge of official duty under the Armed Forces J&K (Special Powers) Act, 1990; the term ‘institution’ as used in Section 7 means the stage of cognizance by the court, not mere filing of chargesheet; the option to try by court-martial must be exercised after chargesheet and before cognizance, and once opted, sanction is not required for court-martial.

Parties
Appellant: General Officer Commanding; Respondent: CBI; Respondent: Anr.
Jurisdiction
India
Judgment Date
01 May 2012
Procedural Posture
Criminal Appeal / Appeal Disposed
Outcome
Appeal disposed
Legal Topics
Sanction for Prosecution, Jurisdiction, Court Martial Vs Criminal Court, Interpretation of Statutory Terms
Criminal Law Military Law Constitutional Law Sanction for Prosecution Jurisdiction Court Martial Vs Criminal Court Interpretation of Statutory Terms

Case Brief

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Parties

General Officer Commanding

Appellant

CBI

Respondent

Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal Disposed

Legal Issues

  1. 1 Whether sanction of the Central Government is required for prosecution of Army personnel under Armed Forces J&K (Special Powers) Act, 1990
  2. 2 When and how the option to try an accused by court-martial shall be exercised under the Army Act, 1950
  3. 3 Interpretation of ‘institution’ as used in Section 7 of the Armed Forces J&K (Special Powers) Act, 1990

Ratio Decidendi

Sanction of the Central Government is required before prosecution can be instituted against Army personnel for actions reasonably connected to the discharge of official duty under the Armed Forces J&K (Special Powers) Act, 1990; the term ‘institution’ as used in Section 7 means the stage of cognizance by the court, not mere filing of chargesheet; the option to try by court-martial must be exercised after chargesheet and before cognizance, and once opted, sanction is not required for court-martial.

Court Disposition

Appeal disposed

Orders

  • Army authority must decide within eight weeks whether trial is by criminal court or court-martial and communicate to CJM.
  • If tried by court-martial, proceedings commence immediately and conclude expeditiously.