Last Updated on May 5, 2018 by Legalseva.net
Armed Forces Tribunal Act 2007 led to the formation of AFT Tribunals akin Military Tribunals across the country. It is deemed to be a criminal court for the sections of IPC and Chapter 26 of CrPC 1973.The idea behind formation of AFT Tribunals was to provide quick resolutions to service matters and disciplinary proceedings to military forces leaving paramilitary forces (Assam Rifles, Coast Guard) out of the tribunal’s purview.
Principal Bench of AFT is at New Delhi and Regional benches at Chandigarh,Lucknow, Kolkatta, Guwahati, Chennai, Kochi, Mumbai, and Jaipur.
Our City Beautiful Chandigarh also hosts one of the AFT Tribunal’s Regional benches at Chandimandir. Jurisdiction of AFT Chandigarh Bench extends up to Punjab, Haryana, J&K, Himachal Pradesh and U.T. of Chandigarh.
Also Read- WHY PENSION RULES FOR LOC AND LAC VARY?
Forces like CRPF, BSF, ITBP, CISF, SSB & NSG have to approach appropriate High Courts in service matters pertaining to service matters and work conditions.
Currently AFT Tribunals are under the aegis of Department of Legal Affairs.- http://legalaffairs.gov.in/armed-forces-tribunal
You can check AFT Chandigarh Judgments- http://aftdelhi.nic.in/judgments_chd.html , AFT Chandigarh Daily Order- , Judicial Member in AFT Chandigarh- , AFT Chandigarh address , Armed Forces Tribunal Cause List – http://aftdelhi.nic.in/causelist_chd.html
Types of cases filed in Armed Forces Tribunal , Chandimandir/Chandigarh
AFT Chandigarh has the power of adjudication or trial by Armed Forces (Army, Navy, Air Force) related to disputes and complaints in regards to conditions of service, appointments, enrolments, commissions, and complaints subject to Army Act 1950, The Navy Act 1957 & AIR Force Act 1950.
It further provides appeals from orders, findings or sentences of courts-martial held under the abovesaid acts.
AFT Tribunal Chandigarh has two benches plus Registrar Court.
AFT tribunal proceedings are conducted as per the Armed Forces Tribunal (Procedure) Rules, 2008.
Also Read- Central Administrative Tribunal (CAT) Chandigarh
Powers of Tribunal are following:
1.Substitute for the findings of court martial
2.Found guilty for any other offence than currently charged for
3.Remit the whole or any part of the sentence with or without conditions
4.Mitigate the punishment awarded
5.Commute or enhance the sentence given by court martial
6.Release appellant if sentenced to imprisonment on parole with or without conditions
7.Suspend sentence if imprisonment
8.Or pass any other order it may think appropriate
When are Appeals allowed by AFT Tribunal?
Appeal is allowed against conviction by a court martial where the finding of the court is legally not sustainable due to any reason whatsoever Or the finding involves wrong decision or question of law. Appeals are entertained when there is a material irregularity in the course of trial resulting in miscarriage of justice. Tribunal may dismiss if no miscarriage of justice is done in trial or at appellate stage.
Appeal can also be allowed against conviction and appropriate orders can be passed thereon.
Can bail be granted to the accused?
Bail can also be granted with or without conditions to the person accused of an offence in military custody. Any person aggrieved by an order, decision, finding or sentence passed by a court martial can prefer for appeal in such manner on form as prescribed in the act.
AFT in news-
- HC empowers AFT for Compliance of its orders by TimesOfIndia.
- Forces Tribunal set to get teeth by TheTribune.
- Government mulling Tribunal for paramilitary troops by EconomicTimes.
- Brigadiers challenges army’s new promotion policy in Armed forces Tribunal by IndianExpress.
- Supreme Court fined Ministry Of Defence (MOD) for filing appeal against cases of disability pension to veterans by TheStatesman
- A 40-Year-Old-Debt: AFT Directs Centre to Pay Arrears to War Hero by Quint.
- The aches and Pains of India’s Armed Forces Tribunal by BarandBench.
Also Read- Service Matters in Labour Court, CAT Tribunal and High Court
For AFT Chandigarh daily order, AFT Chandigarh judgements , AFT Tribunal Chandigarh case status, click on the website- http://aftdelhi.nic.in/
Over to You!
Military Defense lawyers can get you justice from AFT Chandigarh bench. Now top/best Armed forces advocates and legal advisors are within your reach. Just dial 99888-17966 and say LegalSeva.
