Choice Between Court Martial & Criminal Court Can Be Made Only Post-Investigation & Prior to Magistrate's Cognizance: Jammu & Kashmir High Court

In a recent ruling, the Jammu and Kashmir and Ladakh High Court clarified the scope of discretion under Section 124 of the Air Force Act, 1950. The court ruled that the discretion to choose between a court-martial and a civilian criminal court can only be exercised after the police investigation is complete and before the Magistrate takes cognizance of the case. This decision has significant implications for the jurisdictional conflict…