https://www.taxtmi.com/caselaws?id=296237 A Summary Court Martial under the Army Act, 1950 is valid only where immediate action is genuinely necessary and reference to the regular convening authority would prejudice discipline. On the facts described, the long gap between the incident and the convening of the court martial showed that the statutory precondition was absent, so the proceedings were held unlawful. The Court then used Article 142 to mould relief, taking account of the lapse of time, the difficulty of fresh proceedings, and length of service, and directed discharge on completion of minimum pensionable service with pensionary benefits. en-us Mon, 08 Jul 2019 00:00:00 +0530 Sun, 11 Jul 2021 16:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296237 A Summary Court Martial under the Army Act, 1950 is valid only where immediate action is genuinely necessary and reference to the regular convening authority would prejudice discipline. On the facts described, the long gap between the incident and the convening of the court martial showed that the statutory precondition was absent, so the proceedings were held unlawful. The Court then used Article 142 to mould relief, taking account of the lapse of time, the difficulty of fresh proceedings, and length of service, and directed discharge on completion of minimum pensionable service with pensionary benefits. Case-Laws Indian Laws Mon, 08 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296237