By IANS
New Delhi : The Delhi High Court Friday made it clear that only commanding officer (CO) can initiate the proceeding of court martial (CM) against the men of his unit.
“It is the CO of the unit, to which the accused belongs, who is empowered to convene a CM,” a bench of Justices Vikramjit Sen and S.L. Bhayana said while reversing the findings of court martial of seven soldiers by the COs of other units.
“There is an abiding and umbilical connection between the CO and his regiment. The ranks have always looked at their CO as the father figure, who will be concerned with their welfare as with discipline,” it said, adding the CM proceedings should be used only in exceptional cases.
All the convicted army personnel had challenged their sentencing by alleging that the CM cannot be convened and constituted by the commanding officer of other units.