Appeal against AFT Order in High Court | Writ Petition can be filed against AFT Order
Earlier under section 31 of AFT Act, 2007, aggrieved party was not filing appeal against AFT Order in High Court.
Appeal Against AFT Order in High Court
Whenever AFT decides cases against soldier or officers, they had to approach to Supreme Court under Section 31 of Armed Forces Tribunal Act, 2007.
Even best armed forces tribunal advocate in Jaipur was unable to challenge by way of appeal against AFT Order in High Court.
Appeal Provision against AFT Judgment
As per Section 31 of Armed Forces Tribunal Act, 2007, only Supreme Court can hear an appeal against AFT Oder.
But recently Hon’ble Supreme Court decided Civil Appeal No.447 Of 2023 titled as Union of India & Ors Vs. Parashotam Dass.
Jurisdiction of High Court against AFT Order
Now, Order of Armed Forces Tribunal would be amenable to challenge in writ jurisdiction under Article 226 of the Constitution of India before any High Court.
Supreme Court held no bar on jurisdiction of High Courts to entertain writ petitions against court-martial proceedings under Article 226 of Constitution.
Appeal in High Court against AFT Order
Even in case of courts-martial, High Court can grant appropriate relief if proceedings had resulted in denial of fundamental rights guaranteed under Part III of Constitution.
Approaching to Supreme Court was very difficult for soldiers as they were living in remote areas and also not capable to hire Supreme Court lawyers.
Writ Petition in High Court Against AFT Order
Supreme Court relied on a Constitution Bench of seven-Judges of the Apex Court in
L. Chandra Kumar v. Union of India & Others, which unequivocally opined that the power of judicial review under Article 226 is part of the basic structure of the Constitution and all the decisions of a tribunal would be subject to the High Court’s writ jurisdiction under Article 226 of the Constitution.
Thus, finally Hon’ble Supreme Court held there is no per se restriction on exercise of power under Article 226 of Constitution by High Court.
Appeal Matters in High Court after AFT Judgments
Armed Forces Tribunal Jaipur mainly decides following issues pertaining to Armed Forces Personnel:-
Disability Pension Matters
Court Marital Matters
Discipline Matters
Recovery of Pension Matters
Family Pension Matters
Last Rank Pension Matters
Senior - Junior anomalies
Discharge from Service
Army Group Insurance Claim Matters
Promotion Matters
Role of Advocates after Judgment of AFT Jaipur
Once AFT decides the case against soldiers then advocate can suggest soldier to challenge the AFT Order before High Court .
Few cases of Disability Pension for Primary Hypertension are rejected by AFT Jaipur by treating it life style disease.
Armed Forces Tribunal Advocate in Jaipur who are dealing such matters should file appeal against AFT Order in High Court by way of Writ Petition before Division Bench of Rajasthan High Court Jaipur.