( 1 ) THE principal question requiring determination by us is whether non- compliance with the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952 framed under section 549 (1), Cr. P. C. (hereafter called the Rules) goes to the root of the inherent jurisdiction of the committing Magistrate and of the Court trying the case pursuant to the commitment order or whether it is a mere irregularity, the effect of which is to be considered on the facts and circumstances of the each case. The facts giving rise to this reference are contained in the referring order dated 25th June, 1968 and, therefore, need not be repeated. That order may be read as a part of this order. Section 549, Cr. P. C. , and the relevant rules framed thereunder may now be reproduced :-

"s. 549 (1 ).-Delivery to military authorities of persons liable to be tried by Court martial.-The Central Government may make rules consistent with this Code and the Army Act, the Naval Discipline Act and the Indian Navy (Discipline) Act, 1934, and the Air Force Act and any similar law for the time being in force as to the cases in which persons subject to military, naval or air force law, shall be tried