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Can the decision of the AFT be challenged in a higher court?

Can the decision of the AFT be challenged in a higher court?

11-Mar-2023

Armed Forces Tribunal

Answer By law4u team

Yes, the decision of the Armed Forces Tribunal (AFT) can be challenged in a higher court. According to the Armed Forces Tribunal Act, 2007, an appeal can be made to the Supreme Court of India against the decision of the AFT. Any person aggrieved by the decision or order of the AFT may file an appeal before the Supreme Court within ninety days from the date of communication of the decision or order. The appeal should be in the form of a memorandum of appeal, and it should state the grounds on which it is filed. The appeal should also be accompanied by a certified copy of the decision or order of the AFT, along with other relevant documents. It is important to note that the appeal to the Supreme Court can be made only on a question of law. The Supreme Court can either uphold or set aside the decision of the AFT or modify it as it deems fit. In addition to the Supreme Court, it is also possible to challenge the decision of the AFT on certain grounds before the High Court. This can be done by filing a writ petition under Article 226 of the Constitution of India. However, the grounds for challenging the decision of the AFT before the High Court are limited and depend on the facts of the case.

Answer By Ayantika Mondal

Dear Client, If someone is not satisfied with the judgement made by the Armed Forces Tribunal (AFT), they can challenge it in the Supreme Court and also at the High Court. The Armed Forces Tribunal Act, 2007 permits appeal to the Supreme Court, and in some circumstances to the High Court as well. If a party is not happy with the AFT's ruling or decisions, they can go for an an appeal at the Supreme Court within 90 days from the date of the judgement. The appeal must be according to the memorandum of appeal, neatly stating the reasons for the appeal. It should have a certified copy of the AFT’s decision and any other necessary documents which are required for appeal. Appeals can be made to the Supreme Court on legal related matters. The court can either back, modify, or change the AFT's judgement based on its findings. In a few cases, an appeal can be made to the High Court too, and this can be done through a writ petition under Article 226 of the Indian Constitution. However, appeals to the High Court are allowed only on limited grounds. And For the Supreme Court, appeals can be made under Article 32. I hope this answer helps.

Answer By Anik

Dear Client, Yes, the decision made by the Armed Forces Tribunals that is AFT can be challenged in a Higher Court, and Armed Force Tribunal Act, 2007 allows and permits for filing an appeal to the Supreme Court and at certain conditions to the High Court as well. In case if any individual is upset and not satisfied with the decision given by the Armed Force Tribunals then the aggrieved party can approach before the Apex Court that is the Supreme Court within 90 days from the date of the decision or order. And it should be in the form of memorandum of appeal, and also it should clearly state the grounds on which it is filed, a certified copy must be attached of the decision or the order given by the AFT, and also the other important documents which are required. And it is vital to note that appeal to the Supreme Court against the order of the AFT, can be made on the question of law. And after looking into it the court can change the decision or uphold the decision or even can modify the judgements as the court decide is necessary. And when it comes to the High Court, on certain grounds aggrieved party can file an appeal at the High Court as well and this can be done via filing a writ petition before the High Court as per Article 226 of the Indian Constitution and Article 32 is applicable for Supreme Court, but at High Court there are limited grounds for the appeal. I hope this answer helps.

Answer By Anik

The Supreme Court has held that the orders passed by the Armed Forces Tribunal can be challenged under Article 226 of the Constitution before the High Courts. The Court has overruled its judgment in the case of Union of India & Ors. v. Major General Shri Kant Sharma & Anr. (2015) 6 SCC 773 wherein it created a complete bar to the High Court’s power to review decisions arising from the Armed Forces Tribunal under Article 226.