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ARMED FORCES TRIBUNAL: EVERYTHING YOU NEED TO KNOW

ESM-CORNER-ARMED-FORCES-TRIBUNAL-AFT

Introduction to Armed Forces Tribunal (AFT):

The Armed Forces Tribunal (AFT) was established in 2009 under the Armed Forces Tribunal Act, 2007, and plays a crucial role in addressing disputes and complaints related to service conditions and court-martial verdicts involving personnel from the Army, Navy, and Air Force.

Structure and Composition:

The AFT comprises a chairperson, typically a retired Supreme Court judge or a former chief justice of a high court, along with judicial and administrative members who are retired high court judges or senior officers from the armed forces, including the Judge Advocate General.

Jurisdiction:

The tribunal operates through its principal bench in New Delhi and 10 regional benches across key locations in India. These include

Chandigarh

Lucknow

Kolkata

Guwahati

Chennai

Kochi

Mumbai

Jaipur

Jabalpur

Jammu.

However, it’s essential to note that the AFT’s jurisdiction excludes paramilitary forces like the Assam Rifles and the Coast Guard.

Functions and Powers:

The AFT is a court that follows the rules of the Indian high courts. It can decide on matters related to the armed forces, such as their jobs, salaries, and promotions. It can also review the decisions or punishments given by the military courts under the laws of each service.

Appeals and Legal Recourse:

The AFT is an important court for the armed forces. But if someone is not happy with its decisions, they can only go to the Supreme Court, not the high courts. This special way of appealing shows that the Tribunal is very important for making sure that the legal cases are handled in the same way.

Mission and Objectives:

The AFT wants to give quick and fair justice to armed forces members, protecting their respect and pride. At the same time, it tries to make the public sector more open, responsible, and respectful of democracy.

Getting More Information:

If you want to know more about the AFT, you can visit its official website. https://www.aftdelhi.nic.in/

Summary:

The Armed Forces Tribunal is an important court in India’s legal system, made for the special needs of armed forces members. By following the rules of justice and fairness, the AFT helps to keep the military in good shape and order.

FAQ about AFT

1. What is the Armed Forces Tribunal ?

 Armed Forces Tribunal is a military tribunal in India established in 2009 under the Armed Forces Tribunal Act, 2007. It adjudicates disputes related to commission, appointments, enrolments, and conditions of service for individuals under the Army, Navy, and Air Force Acts.

2. How is the Armed-Forces Tribunal composed?

The tribunal comprises a chairperson (retired Supreme Court judge or retired chief justice of a high court), judicial members (retired high court judges), and administrative members (retired armed forces members or Judge Advocate General). It operates through a principal bench in New Delhi and regional benches in ten cities.

3. What procedure does the Armed-Forces Tribunal follow?

The tribunal follows the procedure practiced in the High Court of India, as outlined in the Armed Forces Tribunal (Procedure) Rules, 2008. It has the authority to grant bail, issue orders and writs, review its decisions, transfer cases between benches, and appoint commissioners or experts.

4. What types of cases does the Armed-Forces Tribunal handle?

The tribunal deals with service matters and appeals from court-martial decisions involving personnel from the army, navy, and air force. Service matters cover a wide range, including issues related to pay, pension, promotion, discipline, retirement, and more. Appeals from military court decisions are about whether those decisions are legal, proper, or right.

5. How can one appeal to the Armed-Forces Tribunal?

Appeals to the Armed Forces Tribunal can be made against any order, decision, finding, or sentence passed by a court-martial. The tribunal holds jurisdiction over matters connected with or incidental to these decisions. Appeals from the AFT can be made only to the Supreme Court, not the high courts.

6. How can I file a case in the Armed-Forces Tribunal?

To file a case, apply the prescribed form with the necessary documents and fees. This can be done in person, by an authorized representative, or through registered post or courier. The application should be filed within six months from the date of the order or decision and can be submitted to the principal bench or the relevant regional bench.

7. How can I appeal against the decision of the Armed-Forces Tribunal?

To appeal, file an appeal in the Supreme Court of India within 90 days from the date of the tribunal’s decision. The appeal should focus on a point of law or a substantial question of law. It can be filed in person, by an authorized representative, or through registered post or courier, either in the Supreme Court registry or the nearest High Court registry.

8. What are the benefits of the Armed-Forces Tribunal?

The tribunal offers a swift and effective remedy for armed forces personnel and their families facing service-related grievances or court-martial decisions. It makes sure that the military follows the rules of justice and fairness, protecting the rights and interests of armed forces members while keeping the respect and pride of the uniform.

 Remember to consult the official Armed-Forces Tribunal website or legal experts for the most accurate and up-to-date information.

esm corner legal help
 “Are you a serving or retired member of the Army, navy, or Air Force who is facing a legal issue related to your service matters? Do you need expert guidance and representation to protect your rights and interests in the Armed Forces Tribunal? If yes, then you have come to the right place. We have a team of qualified and experienced lawyers who specialise in armed forces litigation. We can help you with matters about the Hony commission, appointment, promotion, salary, pension, discipline, dismissal, discharge, release, retirement, benefits, entitlements, allowances, decorations, awards, welfare, grievances, and any other matter concerning your conditions of service. We can also help you with appeals against any order, decision, finding, or sentence passed by a SCM/GCM or any matter connected therewith or incidental thereto. We can assist you in filing your case, preparing your documents, paying your fee, checking your status, and representing you in the tribunal.  We offer online consultation, affordable fees, and timely service. We understand the unique challenges and nuances associated with cases involving the armed forces. We are committed to providing you with the best legal solutions and ensuring that you get justice and relief.
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