S.K.Jha Commodre vs State Of Kerala & Anr

The Supreme Court reiterated the principle established in Somdatt Datta v. Union of India, AIR 1969 SC 414, regarding the discretion of the authorities to choose between initiating Court Martial or criminal proceedings post the submission of the charge sheet before the Magistrate. The Court emphasized that this choice must be exercised judiciously and in accordance with the law. The matter was adjourned for further consideration after the Christmas vacation, allowing the Additional Solicitor General time to review the cited judgment.