S.K.JHA COMMODRE vs STATE OF KERALA

The Supreme Court reiterated the principle established in Somdatt Datta v. Union of India, AIR 1969 SC 414, regarding the timing of the choice between initiating Court Martial or criminal proceedings, which must be exercised after the charge sheet is filed before the Magistrate. The Court emphasized the procedural requirement for the initiation of proceedings in such cases, ensuring adherence to established legal protocols. The matter was adjourned for further consideration after the Christmas vacation.