Supreme Court of India · 2013-04-25
STATE OF J & K vs LAKHWINDER KUMAR .
- Citation / case number
- SC 2012/3454
- Court
- Supreme Court of India
- Petitioner
- STATE OF J & K
- Respondent
- LAKHWINDER KUMAR .
- Author
- CHANDRAMAULI KR. PRASAD
- Bench
- FAKKIR MOHAMED IBRAHIM KALIFULLA CHANDRAMAULI KR. PRASAD
Judgment text excerpt
The Supreme Court addressed the jurisdictional conflict between civil and military courts in the case of Lakhwinder Kumar, a constable accused of murder under Section 302 of the Ranbir Penal Code. The Court held that the provisions of the Border Security Force Act, 1968, particularly Section 80, allow for military trials in cases involving personnel of the Force, thereby staying the criminal proceedings in the civil court. The Court emphasized that the trial must proceed under the Security Force Court as per the applicable laws, thus upholding the authority of military jurisdiction over the matter.