EX-HAVILDAR RATAN SINGH vs UNION OF INDIA .

The Supreme Court held that under Section 120(2) of the Army Act, 1950, a Summary Court Martial lacks jurisdiction to try an offence if immediate action is not warranted. The Court clarified that Section 34 pertains to more serious offences, and the appellant's actions during an armed operation against militants constituted a serious offence under Section 34, not Section 36. Consequently, the Court quashed the Summary Court Martial's decision, set aside the conviction and sentence, and allowed for a fresh trial in accordance with law.