THE STATE OF SIKKIM versus JASBIR SINGH & ANR.

THE STATE OF SIKKIM versus JASBIR SINGH & ANR.

The High Court erred in directing that only a court-martial had jurisdiction. The offence involved concurrent jurisdiction and there was no decision by the designated officer under Section 125 to institute proceedings before a court-martial; the facts (handing over to police, cooperation with investigation and trial) demonstrated a conscious decision by Army authorities to submit to the jurisdiction of the ordinary criminal court. The Sessions Judge had jurisdiction and the High Court's order is set aside; the respondent is to be transferred to civil custody to face trial in the Sessions Court.

Parties
Appellant: The State of Sikkim; Respondent Accused: Jasbir Singh & Anr.
Jurisdiction
India
Judgment Date
01 February 2022
Procedural Posture
Criminal Appeal / Appeal From Judgment of the High Court (revisional Jurisdiction)
Outcome
Appeal allowed; impugned High Court judgment set aside.
Legal Topics
Concurrent Jurisdiction, Choice of Forum, Court Martial Vs Ordinary Criminal Court, Discretion Under Section 125, Criminal Courts and Court Martial (adjustment of Jurisdiction) Rules, 1978
Army Act Criminal Procedure Code Military Law Concurrent Jurisdiction Choice of Forum Court Martial Vs Ordinary Criminal Court Discretion Under Section 125 Criminal Courts and Court Martial (adjustment of Jurisdiction) Rules, 1978

Case Brief

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Parties

The State of Sikkim

Appellant

Jasbir Singh & Anr.

Respondent Accused

Procedural Posture

Criminal Appeal / Appeal From Judgment of the High Court (revisional Jurisdiction)

Legal Issues

  1. 1 Whether the offence was triable exclusively by court-martial or whether ordinary criminal court had jurisdiction
  2. 2 Whether the designated officer under Section 125 of the Army Act exercised discretion to institute proceedings before a court-martial
  3. 3 Whether the Magistrate/Session Court and the High Court erred in relation to compliance with Rules 3 and 4 of the 1978 Rules and Section 126/Section 475 CrPC

Ratio Decidendi

The High Court erred in directing that only a court-martial had jurisdiction. The offence involved concurrent jurisdiction and there was no decision by the designated officer under Section 125 to institute proceedings before a court-martial; the facts (handing over to police, cooperation with investigation and trial) demonstrated a conscious decision by Army authorities to submit to the jurisdiction of the ordinary criminal court. The Sessions Judge had jurisdiction and the High Court's order is set aside; the respondent is to be transferred to civil custody to face trial in the Sessions Court.

Court Disposition

Appeal allowed; impugned High Court judgment set aside.

Orders

  • Impugned judgment of the Single Judge of the High Court of Sikkim dated 6 April 2019 in Criminal Revision Petition No. 02 of 2017 is set aside.
  • Respondent-accused shall be transferred from military custody to civil custody to face trial.