tag:blogger.com,1999:blog-4070126256373578912.post5149649689497967558..comments2024-03-20T17:53:33.153-04:00Comments on Global Military Justice Reform: AFT's Machil fake-encounter decision: is it appealable, and if so, by whom?Eugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4070126256373578912.post-14126203557037047952017-08-08T10:21:38.749-04:002017-08-08T10:21:38.749-04:00Section 2 of the Armed Forces Tribunal Act dealing...Section 2 of the Armed Forces Tribunal Act dealing with “Applicability of the Act” states that the provisions of the Act shall apply to all persons subject to the Army Act, the Navy Act and the Air Force Act. Further, the AFT shall apply to retired personnel subject to the Army Act, the Navy Act, or the Air Force Act, including their dependants, heirs and successors, in so far as it relates to their service matters. Therefore, in case of an appeal relating to court martial, the AFT Act shall be applicable only to those subject to the three service Acts. <br /><br />Having said so, the Tribunal has exercised its jurisdiction under AFT Act section 15 by suspending sentence awarded to three military accused and granted them bail. In this case, the Ministry of Defence, if considers necessary can appeal to the Supreme Court against an order of the Tribunal. Unnecessary hype has been created by certain section of media and activists on the orders of the Tribunal. This power of the AFT is analogous to the power exercised by a High Court. The case is in progress in the Tribunal’s Principal bench at Delhi. <br />Wg Cdr U C Jha (Retd)U C Jhahttps://www.blogger.com/profile/13371613828490826856noreply@blogger.com