Important decision of Supreme Court of India qua jurisdiction of the Armed Forces Tribunal

The Supreme Court of India has rendered an important decision on the jurisdiction of the Armed Forces Tribunal (AFT).

The AFT had quashed the convening order for a General Court Martial issued in respect of a Brigadier on the grounds that there was not enough material to establish his culpability so as to convene a Court Martial against him.

The Union of India had challenged the verdict of the AFT on the pretext that the jurisdiction of the AFT under Section 15 of the Armed Forces Tribunal Act, 2007, came into play only after the completion of a Court Martial since the same deals with “Appeals” against verdicts of Courts Martial. The Union had also averred that the AFT had no reason to set aside the convening order even on merits of the case.

The Supreme Court of India has however held that while it is correct that Section 15 only deals with appeals arising out of Courts Martial, Section 14 dealt with other ‘Service Matters’ which were administrative in nature (and not judicial) and hence it was well within the powers of the AFT to exercise jurisdiction under Section 14 if not Section 15. The Supreme Court has upheld the decision to set aside the convening order on merits as well.

A detailed note on the matter (and the decision) available at Live Law.