Armed Force Law

Appeal Against AFT Judgment in High Court

Remedy of Appeal Against AFT Judgment in High Court ? The Armed Forces Tribunal (AFT) in India serves as a specialized forum for adjudicating disputes related to the armed forces.

However, instances may arise where parties dissatisfied with AFT judgments can seek recourse through the writ jurisdiction of High Courts under Article 226 of the Constitution.

This article explores the process of appealing AFT judgments in High Courts, with a specific focus on Section 31 of the AFT Act, 2007, and examines a notable case law that elucidates this legal avenue.

Article 226 and its Scope over AFT Judgments

Article 226 of the Indian Constitution empowers High Courts to issue writs for the enforcement of fundamental rights and for any other purpose.

This constitutional provision allows individuals aggrieved by decisions of tribunals to approach the High Court for the protection of their rights.

However, due to Section 31 of the AFT Act, 2007, High Courts were not entertaining the writ petitions against AFT Judgments.

What is Section 31 of AFT Act, 2007

Section 31 of the Armed Forces Tribunal Act, 2007, addresses the issue of appeals from decisions of the AFT.
It stipulates that an appeal against the order, decision, or award of the AFT may lie to the Supreme Court, on questions of law, within a period of ninety days from the date of communication of the decision or order.

High Court Jurisdiction over AFT Judgment

When filing an appeal in the High Court against an AFT judgment, the petitioner typically challenges the decision on grounds such as errors of law, jurisdictional issues, or violation of natural justice.

Recently, the Hon’ble Supreme Court in Union of India Vs Parasotham Dass (Civil Appeal No. 447/2023 decided on 21 Mar 2023) decided that the High Court can exercise its writ jurisdiction over AFT Judgment.

And High Court may examine the legality, regularity, and correctness of the AFT’s findings, taking into account Section 31 of the AFT Act.

Scope of High Court Over AFT Judgments

The High Court, in its scrutiny, can hold that the AFT had erred in interpreting certain legal provisions and had failed to consider vital pieces of evidence presented by the petitioner.

The High Court can also observe that the AFT’s decision was arbitrary and lacked a reasonable nexus with the facts on record.

Easy Approach to High Court by Litigant

Section 31 of the AFT Act, 2007 strengthens the legal recourse available to individuals before Supreme Court, if dissatisfied with AFT judgments.

However, The Union of India vs Parasotham Dass case underscored the importance of a robust judicial review process before High Court.

And High Court can ensure that the decisions of specialized tribunals are subject to scrutiny and correction when essential legal principles are overlooked or violated.

Not only Armed Forces Lawyer in Delhi but also other advocates must be aware of this armed forces Judgments who are dealing with armed forces law.

Supreme Court Advocate in Delhi for Army Matters must update themselves on Army Act/ Air Force Act/ Navy Act and relevant rules and regulations.