High Court’s cannot entertain plea against Armed Forces Tribunal: Supreme Court
Supreme Court has barred High Courts (HCs) from entertaining pleas under writ jurisdiction against the verdicts of the Armed Forces Tribunal (AFT) in disputes pertaining to Armed forces. SC ruling also set aside the order of Delhi High Court which had allowed the writ petition against army personnel.
This judgment was given by two member SC bench comprising of Justices SJ Mukhopadhaya and NV Ramana.
The SC bench was hearing a bunch of appeals that had questioned whether the right of appeal under Section 30 of the Armed Forces Tribunal (ATF) Act, 2007 against an order of the Tribunal. It also questioned whether it will bar the jurisdiction of the HC under Article 226 of the Constitution regarding matters related to Armed Forces.
Supreme Court held that
- If the HC entertains a petition under Article 226 against the order passed by AFT, it would by-pass the machinery of statute as enshrined in the AFT Act.
- Thus it may result in of anomalous situation for the aggrieved person in praying for relief from HC.
- So SC barred HCs from entertaining pleas under writ jurisdiction against the verdicts of AFT.
It should be noted that Section 30 of AFT Act stipulates that an appeal against the final decision or order of the Tribunal shall lie in the Supreme Court.