| · Armed Forces Tribunal was established in August 2009 by the Armed Forces Tribunal Act 2007.
· It is a military tribunal with the power of adjudication or trial of disputes and complaints related to commission, appointments, enrolments and conditions of service.
· Besides the Principal Bench in New Delhi, AFT has 10 Regional Benches.
Composition
· The Tribunal is composed of Judicial Members as well as Administrative Members.
· The Judicial Members are retired High Court Judges.
· Administrative Members are retired Members of
· the Armed Forces who have held rank of Major General/ equivalent or above for a period of three years or more |
Power/Jurisdiction
· The Tribunal is empowered to adjudicate appeals against any order, decision, finding or sentence passed by a court-martial or any related matter.
· It is also empowered to grant bail to an accused who is in military custody.
· The Tribunal may have the powers to substitute for the findings of the court martial. It may:
· remit the whole or any part of the sentence, with or without conditions;
· mitigate the punishment awarded
· commute such punishment to any lesser punishment or enhance the sentence awarded by a court martial. |
Jurisdiction of other courts
· In March 2022, Delhi High Court held that the Armed Forces Tribunal Act, 2007 excludes the administrative supervision of the High Court under Article 227(4) of the Constitution.
· However, it does not exclude the judicial superintendence and jurisdiction under Article 226.
· In January 2020, the Supreme Court made it clear that the verdicts of the Armed Forces Tribunals (AFT) can be challenged before the high courts.
· In 2015, a Supreme Court bench had held that AFT verdicts could not be challenged before the high courts.
· It had also said that an appeal against the AFT orders would lie before the apex court but only if a point of law of general public importance is involved. |