Armed Forces Tribunal can substitute the finding of Court Martial with a finding of guilty

Supreme Court Upholds Armed Forces Tribunal's Authority to Modify Court Martial Findings. Tribunal's Decision to Substitute Conviction Under Army Act Affirmed by Supreme Court

In a significant judgment, the Supreme Court of India has upheld the Armed Forces Tribunal's authority to substitute the findings of a Court Martial under the Armed Forces Tribunal Act, 2007. The case, "S.K. Jain v. Union of India," centered around the Tribunal's decision to replace a conviction under Section 69 of the Army Act, 1950 with a conviction under Section 63, following established facts regarding possession of ammunition.

The appeal was filed by S.K. Jain, who challenged the Tribunal's judgment dated 01.06.2012 and the subsequent order dated 03.09.2012 dismissing his review petition. The original conviction by the General Court Martial (GCM) included charges of corruption and unauthorized possession of ammunition. The Tribunal found no evidence supporting the corruption charge and questioned the applicability of the Arms Act concerning the ammunition found.

The Tribunal, exercising its powers under Section 15(6) of the Armed Forces Tribunal Act, 2007, determined that while the appellant was not guilty under the Arms Act, the possession of old ammunition was prejudicial to good order and military discipline. Consequently, the Tribunal substituted the conviction to reflect this under Section 63 of the Army Act, resulting in compulsory retirement with pensionary benefits, instead of dismissal from service.

The Supreme Court, led by Justices J.B. Pardiwala and Alok Aradhe, noted that the Tribunal acted within its statutory framework and balanced disciplinary needs with fairness to the individual. The Court affirmed that the Tribunal's discretion in substituting findings and modifying sentences was proportionate and just, thereby dismissing the appeal by S.K. Jain.

Bottom Line:

Armed Forces Tribunal has the power under Section 15(6) of the Armed Forces Tribunal Act, 2007 to substitute the finding of Court Martial with a finding of guilty for another offence and pass a sentence afresh, provided the twin conditions are fulfilled.

Statutory Provisions: Armed Forces Tribunal Act, 2007 Section 15(6), Army Act, 1950 Sections 63 and 69.

S.K. Jain v. Union of India, (SC) : Law Finder Doc Id # 2792141