Kerala High Court: Investigating Officer Can Prosecute Navy Court-Martial

The Kerala High Court, on Friday, ruled that an officer who investigates a case against Navy personnel can also be appointed to prosecute the same case before a court-martial, finding no prohibition in Navy Regulations and no inherent violation of the right to a fair trial under Article 21 of the Constitution. This significant decision, delivered by a Division Bench comprising Justice K Natarajan and Justice Johnson John in the case of *Union of India & ors v Santosh Karwade & anr*, clarified a crucial procedural aspect of military justice. The Court reasoned that the Navy Regulations do not explicitly forbid such an arrangement, and an investigating officer, possessing intimate knowledge of the facts and having filed the charge sheet, could be a suitable person to conduct the prosecution.