N.K.Assumi (Advocate) 13 May 2009
Section 127 of the Army Act says that a person convicted or acquitted by the Court martial may with the permission of the Central Government be tried by the Criminal Court for the same offence or oon the same facts. Does it not amount to double jeopardy within the meaning of article 20 clause (2) of the Constitution? What is the logic behind this section 127 of the Army act? Does it mean that people DOES NOT HAVE CONFIDENCE ON THE COURT MARTIAL?
Swami Sadashiva Brahmendra Sar (Nil) 13 May 2009
Art.20 (2) does not bar a trial. bar is against punishment. word ' prosecuted and puished' used in Art.20 (2) are to be read conjuctively and not separately.
N.K.Assumi (Advocate) 13 May 2009
Thank you Dr. for your responds.
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