NDLI: The State of Sikkim Vs. Jasbir Singh & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1978 – ss. 3 70 Army Act – ss. 69 125 126 – Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules 4 and 5
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Army Act – ss. 69, 70, 125, 126 – Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 – ss. 3, 4 and 5 – Concurrent jurisdiction between the court-martial and the ordinary criminal court – FIR u/s. 302 of IPC was registered against the respondent-accused – Sessions Judge directed the Chief Judicial Magistrate to furnish a written notice to the Commanding Officer of the unit of the respondent-accused and deliver him for trial by a Court-martial – High Court upheld the decision of the Session Judge – Pursuant to the judgment of the High Court, Unit major exercised his power u/s.125 of the Army Act and decided that the proceedings against the respondent-accused be instituted before the criminal court and that he be detained in the civil custody – However, it was rejected by the Chief Judicial Magistrate in view of the order passed by the Sessions Judge – Since that order was upheld by the High Court, the respondent was handed over to the Army – Held: Where there exists concurrent jurisdiction in the court-martial and in the ordinary criminal court, primarily the discretion of conducting the court-martial in preference to a trial by the ordinary criminal court is entrusted to the designated officer u/s. 125 – The designated officer has been conferred with the discretion “to decide before which court the proceedings shall be instituted” – Moreover, s.125 has a conjunctive requirement which is amplified by the expression “and, if that officer decides that they should be instituted before a court-martial” – Thus, the conjunctive requirement u/s. 125 is that the competent officer has the discretion to decide before which court the proceedings shall be instituted and if the officer exercises that discretion to institute proceedings before a court-martial, then the officer will direct that the accused be detained in military custody – In the present case, there was no decision by the designated officer to institute proceedings before a court-martial in terms of s.125 – The entire sequence of events both before and after the completion of investigation provides a clear indicator that the Commanding Officer took a conscious decision that the investigation and trial should be conducted in accordance with the provisions of the CrPC – High Court was in error in affirming, in the exercise of its revisional jurisdiction, the decision of the Sessions Judge that the court-martial alone would have jurisdiction – Both on law and in fact, the position is to the contrary – Sessions Judge was competent and there was no error in the assumption or the exercise of the jurisdiction.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 128
Petitioner	The State Of Sikkim
Respondent	Jasbir Singh & Anr.
SCR	[2022] 8 S.C.R. 242
Judgement Date	2022-02-01
Case Number	85

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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