Supreme Court Bars HCs From Taking Up Pleas Against Verdicts Of AFT

12 March, New Delhi

The Supreme Court has held that High Courts are barred from entertaining pleas under writ jurisdiction against the verdicts of the Armed Forces Tribunal (AFT) in disputes pertaining to Armed forces.

A bench of Justices SJ Mukhopadhaya and NV Ramana said that if the High Court entertains a petition under Article 226 of the Constitution against the order passed by AFT, it would by-pass the machinery of statute as enshrined in the AFT Act, and there is likelihood of anomalous situation for the aggrieved person in praying for relief from this court.

The apex court set aside the order of Delhi High Court which had allowed the writ petition against an army personnel.

The apex court was hearing a bunch of appeals questioning whether the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 against an order of the Tribunal will bar the jurisdiction of the High Court under Article 226 of the Constitution regarding matters related to Armed Forces. Section 30 of AFT Act stipulates that an appeal against the final decision or order of the Tribunal shall lie in the Supreme Court.