Armed Force Tribunal of AFT is a military tribunal in India established under the Armed Force Tribunal Act, 2007. According to 169th report of Law Commission disciplinary and service matters required quick resolutions and proposed a special tribunal for the military and paramilitary forces.
The Central Government shall, by notification, establish a Tribunal to be known as the Armed Forces Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act.[1]
Armed Force Tribunal consist of a chairperson such number of judicial and administrative members appointed by central government. The retired judges of the Supreme Court of India or retired chief justice of High courts are qualified for the appointment of chairperson. A bench consist of one judicial member and one administrative member. Retired judge of any High court is appointed as judicial member of Court. Any person who is at the position of Major general or above for a total period of at least three years in the army or equivalent rank in navy of air force can appointed as Administrative member. Judge advocate general in army or the air force not below the rank of Major General Commodore and Air Commodore can also be appointed as Administrative member. The President of India can appoint all the members after the consultation of Chief Justice of India.[2]
AFT has its Principal bench at New Delhi and eight regional benches at Jaipur, Chandigarh, Lucknow, Guwathati, Kolkata, Chennai, Kochi and Mumbai.
POWER AND PROCEDURE OF ARMED FORCE TRIBUNAL
The Armed Force Tribunal deals with all matter related to service except the Supreme Court or High Court exercising jurisdiction under article 226 and 227 of Constitution of India. The tribunal exercise all the jurisdiction, powers and authority, exercisable in AFT.
Any person aggrieved by an order, decision, finding or sentence passed by a court martial may prefer an appeal in such form, manner and within such time as may be prescribed. 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: The Tribunal shall allow an appeal against conviction by a court martial where the finding of the court martial is legally not sustainable due to any reason whatsoever; or the finding involves wrong decision on a question of law; or there was a material irregularity in the course of the trial resulting in miscarriage of justice, but, in any other case, may dismiss the appeal where the Tribunal considers that no miscarriage of justice is likely to be caused or has actually resulted to the appellant. The Tribunal may allow an appeal against conviction, and pass appropriate order thereon. The Tribunal may have the powers to substitute for the findings of the court martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offence specified or involved in such findings or if sentence is found to be excessive, illegal or unjust, 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:[3]
A person aggrieved by an order pertaining to any service matter may make an application to the Tribunal in such form and accompanied by such documents or other evidence and on payment of such fee as may be prescribed. On receipt of an application relating to service matters, the Tribunal can if satisfied after all due inquiry, as it may deem necessary, that it is fit for adjudication by it, admit such application; but where the Tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing. For the purpose of adjudicating an application, the Tribunal have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters:
- Summoning and enforcing the attendance of any person and examining him on oath;
- Requiring the discovery and production of documents;
- Receiving evidence on affidavits;
- Subject to the provisions of sections 123 and 124 of the Indian Evidence Act,1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
- Issuing commissions for the examination of witnesses or documents;
- Reviewing its decisions;
- Dismissing an application for default or deciding it ex parte;
- Setting aside any order of dismissal of any application for default or any order passed by it ex parte; and
- Any other matter which may be prescribed by the Central Government.
The AFT has power to decide question of law and question of fact raised before the court.
In Lt. Col. Prithi Pal Singh Bedi etc v. Union of India & Others the Supreme Court of India observed that absence of even one Appeal from the order of Courts Martial is a glaring lacuna in the country regarding the rights of the Armed forces personnel. In the light of this Judgment, The Army Act was amended in 1992 but it could not fully implement those observations.
Any remedy available under the Army act, 1950 or Navy act, 1957 or Air Force Act, 1950 are settle by Armed Force Tribunal. AFT provide adjudication or trial of disputes and complaints with respect to commission, appointments, enrolment and conditions of services in respect of persons subject to the Army Act, 1950 or Navy act, 1957 or Air Force Act, 1950.
AFT provide provision for appeals arising out of the orders, finding or sentences of court-material held under the said act and for matters connected therewith or incidental thereto. Armed Force Tribunal is a forum of professionals with judicial and military background, a perfect platform to handle legal issues of the military.
[1] Section 4 of Armed Force Tribunal Act, 2007.
[2] Section 7 of AFT Act,2207
[3] http://aftdelhi.nic.in/index.php?option=com_content&view=article&id=4&Itemid=9
