Court Martial

Court Martial
 

News: An Army court has recommended life imprisonment for a Captain involved in the staged killings of three men at Amshipora in Jammu and Kashmir’s Shopian district in 2020.
 

Background:
 The Captain was court-martialed after a Court of Inquiry (CoI) and subsequent summary of evidence found that troops under his command had exceeded their powers under the Armed Forces (Special Powers) Act.
 

What is process of Court Martial?
 When the Army wants an allegation against its personnel investigated, it first sets up a CoI for the purpose. It is similar to the registering of a First Information Report (FIR) by police.
 A Court of Inquiry investigates the complaint but cannot award a punishment. The CoI records the statements of witnesses. Based on the findings of the CoI, a tentative charge sheet is drawn up by the commanding officer of the accused officer.
 After this, the hearing of charges takes place (just like the initial summoning of an accused by the magistrate in a case involving civilians). The summary of evidence is then recorded.
 Once this process has been completed, a General Court Martial (GCM) is ordered; similar to the conduct of a trial by a judicial court for civilian matters.
 

What legal recourse is available to the accused?
 Under section 164 of the Army Act 1950, the accused can file a pre-confirmation petition as well as one post- confirmation.
 A pre-confirmation petition will go to the Army Commander, who may look into its merits.
 Whereas a post-confirmation petition must be filed with the government since the officer is cashiered — his ranks are removed, and he is dismissed from service — after confirmation of the sentence by the Army commander.
 After these options have been exhausted, the accused can approach the Armed Forces Tribunal, which can suspend the sentence.