Supreme Court of India · 1968-09-20
SOM DATT DATTA vs UNION OF INDIA AND ORS.
- Citation / case number
- SC 1968/60161
- Court
- Supreme Court of India
- Petitioner
- SOM DATT DATTA
- Respondent
- UNION OF INDIA AND ORS.
- Author
- HIDAYATULLAH, M. (),SHAHC.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),SHAH, J.C.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.
Judgment text excerpt
The Supreme Court held that the Court Martial had jurisdiction to try the petitioner under Sections 304 and 149 IPC despite initial police involvement, as the Army Act, particularly Section 125, allows for military jurisdiction in such cases. The Court clarified that the decision to hand over the investigation to civil authorities did not preclude military proceedings once a Court of Inquiry was established. The petitioner's appeal under Article 32 to quash the Court Martial proceedings was dismissed, affirming the conviction and sentence imposed by the military court.