AFT MATTERS IN THE SUPREME COURT OF INDIA
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AFT MATTERS –
The Armed Forces Tribunal was inaugurated by Her Excellency the President of India on the 8th August 2009
AFT was established by the Armed Forces Tribunal Act 2007, which was passed by parliament and gave the Armed forces Tribunal the Authority to adjudicate or tral cases involving commissions, appointments, enlistments, and terms of service for individuals covered by the Army Act of 1950, the Navy Act of 1957, and the Air Force Act of 1950.Additionally, it can cover appeals or orders, decisions, or penalties rendered by courts-martial held under the aforementioned Acts, as well as matters related or incidental to them.
AFT operates Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur in addition to its principal bench in New Delhi. Every other location has a single bench, except Chandigarh and Lucknow Regional Benches, which each have three benches. Each Bench comprises of a Judicial Member and an Administrative Member.
The Judicial Members are retired High Court Judges and 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, Judge Advocate General (JAG), who have served for at least a year also eligible to serve as the Administrative Member.
In order to appeal any court martial order, decision, finding, or punishment, as well as any matter related or incidental to it, the Tribunal will use all of the jurisdiction, powers, and authority available under this Act. Anyone who feels wronged by a court martial's order, decision, finding, or sentence may file an appeal in the way, format, and time frame specified.
The Tribunal shall have power to grant bail to any person accused of an offence and in military custody, with or without any conditions which it considers necessary:
When the court martial decision is legally unsustainable for any reason, or when there was a significant irregularity during the trial that led to a miscarriage of justice, the Tribunal will allow an appeal against conviction by a court martial. However, if the Tribunal determines that no miscarriage of justice is likely to occur or has occurred for the appellant, it may reject the appeal. The Tribunal has the authority to grant an appeal against a conviction and issue the necessary ruling.
The Tribunal can review the court martial's decisions, including if the offender could have been found guilty by the court martial for a different offense, to then issue a new sentence for the specified offense. If the sentence is deemed too harsh, unlawful, or unfair, the Tribunal has the authority to intervene. the Tribunal may (i) remit the whole or any part of the sentence, with or without conditions; (ii) mitigate the punishment awarded (iii) commute such punishment to any lesser punishment or enhance the sentence awarded by a court martial:
The Tribunal may release the appellant, if sentenced to imprisonment, on parole with or without conditions; suspend a sentence of imprisonment; Or pass any other order as it may think appropriate.
Notwithstanding any other provisions in this Act, for the purposes of jurisdiction and powers, the Tribunal shall be deemed to be a criminal court for the purposes of relevant sections of the Indian Penal Code and Chapter XXVI of the Code of Criminal Procedure, 1973.
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 has published 61 books on different AFT matters of Supreme Court’s latest leading case laws and where one book is related to AFT Matters. 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