AFT MATTERS IN THE SUPREME COURT OF INDIA
How to file AFT Matters in the Supreme Court of India?
Through the best lawyer in the Supreme Court
AFT MATTERS
The Armed Forces Tribunal (AFT) was inaugurated by Her Excellency the President of India on 8 August 2009.
The AFT was established under the Armed Forces Tribunal Act, 2007, which was enacted by Parliament to provide for the adjudication of disputes relating to commissions, appointments, enrolment, and conditions of service of persons subject to the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950. The Tribunal also has jurisdiction to hear appeals against orders, decisions, findings, or sentences passed by courts-martial constituted under the aforesaid Acts, as well as matters connected with or incidental thereto.
The AFT operates Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar, and Jaipur, in addition to its Principal Bench at New Delhi. Each location has a Bench, except the Chandigarh and Lucknow Regional Benches, which have three Benches each. Every Bench comprises a Judicial Member and an Administrative Member.
The Judicial Members are generally retired Judges of High Courts, while the Administrative Members are retired members of the Armed Forces who have held the rank of Major General or equivalent and above for the prescribed period. Officers who have served as Judge Advocate General (JAG) for the prescribed period are also eligible to serve as Administrative Members.
In relation to appeals against any order, decision, finding, or sentence of a court-martial, and matters connected with or incidental thereto, the Tribunal exercises the jurisdiction, powers, and authority conferred upon it under the Armed Forces Tribunal Act, 2007. Any person aggrieved by an order, decision, finding, or sentence of a court-martial may file an appeal in the prescribed manner, form, and within the prescribed period.
The Tribunal also has the power to grant bail to a person accused of an offence and in military custody, with or without such conditions as it considers necessary.
Where a court-martial's finding of conviction is legally unsustainable, or where there has been a material irregularity during the proceedings resulting in a miscarriage of justice, the Tribunal may allow an appeal against the conviction. However, where the Tribunal is satisfied that no miscarriage of justice has occurred or is likely to occur, it may dismiss the appeal. The Tribunal may, upon allowing an appeal against conviction, pass such orders as may be necessary in the circumstances of the case.
The Tribunal may also examine the findings of a court-martial, including circumstances where the accused could have been convicted of a different offence, and may pass appropriate orders or award a sentence in accordance with law. Where the sentence imposed by the court-martial is considered excessive, unlawful, or otherwise inappropriate, the Tribunal has the power to intervene.
The Tribunal may, among other things:
(i) remit the whole or any part of the sentence, with or without conditions;
(ii) mitigate the punishment awarded;
(iii) commute the punishment to any lesser punishment; or
(iv) enhance the sentence awarded by a court-martial, subject to the provisions of law.
The Tribunal may also release an appellant sentenced to imprisonment on parole, with or without conditions; suspend a sentence of imprisonment; or pass any other order that it considers appropriate in the interests of justice.
Notwithstanding anything contained in the Armed Forces Tribunal Act, for the purposes of exercising its jurisdiction and powers, the Tribunal shall be deemed to be a criminal court for the purposes of the relevant provisions of the Indian Penal Code and Chapter XXVI of the Code of Criminal Procedure, 1973, as applicable.
Territorial Jurisdiction
The Territorial jurisdiction of the Regional Benches shall flow from the administrative orders issued by the Government of India from time to time. At present the States and Bench-wise territorial jurisdiction is as under :-
Sl. No. | Bench | States |
1. | Principal Bench | New Delhi |
2. | Chandigarh Bench | Punjab, Haryana, Himachal Pradesh and U.T of Chandigarh |
3. | Lucknow Bench | U.P., U.K. |
4. | Kolkata Bench | West Bengal, Bihar, Jharkhand, Orissa and U.T. of Andman and Nicobar Islands |
5. | Guwahati Bench | N.E. Region |
6. | Mumbai Bench | Maharashtra and Gujarat |
7. | Kochi Bench | Kerala, Karnataka and Lakshdweep |
8. | Chennai Bench | Tamil Nadu, Andhra Pradesh and U.T. of Pondicherry |
9. | Jaipur Bench | Rajasthan |
10. | Jabalpur Bench | M.P. and Chhattisgarh |
11. | Jammu Bench | J&K |
ADVOCATE JAYPRAKASH SOMANI, ADVOCATE, SUPREME COURT OF INDIA has published 65+ books on different matters covering the Supreme Court’s latest leading case laws, including one book specifically related to AFT Matters. The name of the book is given below:
List of Adv. Jayprakash Somani’s Books
1. ARMED FORCE TRIBUNAL ACT- SUPREME COURT’S LATEST LEADING CASE LAWs
Books are available online in India
1. Notion Press: https://notionpress.com/author/jayprakash_somani
2. Amazon: https://www.amazon.in/s?k=jayprakash+somani
3. Flipkart: https://www.flipkart.com/search?q=Jayprakash%20Somani
Books are available online at International Market
4. Amazon International: https://www.amazon.com/s?k=jayprakash+somani
5. Amazon United Kingdom: https://www.amazon.co.uk/s?k=jayprakash+somani
6. E-Books/Kindle edition at National & International Level: https://www.amazon.in/s?k=jaypraksh+somani