Armed Forces Tribunal (AFT) Chandigarh Bench FAQ

Armed Forces Tribunal (AFT) Chandigarh Bench FAQ

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Last Updated on April 2, 2020 by Legalseva.net

In this post, we will know about Armed Forces Tribunal (AFT Chandigarh Bench/Chandimandir) frequently asked questions (FAQ).

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Key Points Included: 

  1. Establishment 
  2. Benches 
  3. Jurisdiction 
  4. Salient Features 
  5. Scope of Act 
  6. Types of Matters 
  7. Famous Judgements 
  8. Conclusion 

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  1. Establishment 

The Armed Force Tribunal Act was enacted in the 2007. The Armed Force

Tribunal was inaugurated by the honourable President of India on 8th Aug. 2008 after which it came into force. The emergence of this act was 1st time considered in year 1999 during 169th Law Commission report. This act was passed by the Parliament for adjudication or trail the Armed Force Tribunal disputes and complaints with respect to the persons either in there course of service or even after their retirement in respect to Navy Act, 1957, Army Act, 1950 and Air Force, 1950 in the matters such as appointments, commission or condition of service etc.

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  1. Benches 

The principal bench is Located in New Delhi, while having other regional branch located in 8 different locations i.e., Chandigarh, Kolkata, Lucknow, Guwahati, Chennai, Kochi, Mumbai and Jaipur. All the benches comprises of Judicial Member who is mainly a retired High Court Judge and Administrative Member who is mainly retired member of Armed force, exempting Lucknow and Chandigarh which comprises of 3 benches each.

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  1. Jurisdiction 

The Jurisdiction of Armed Force Tribunal covers entire countries territories.

Indian Army, Indian Navy and Indian Airforce are the units whose jurisdiction is under Armed Force Tribunal. Armed Force Tribunal foresees all the hearings passed by Court Martial and related matters. The tribunal has power to remit either partly or wholly the punishments, sentence etc if it finds that is unlawful and fair judgement by the Armed Tribunals. It also has the complete authority of granting bail with or without any conditions.

If the judgement given by Armed Force Tribunal is not satisfactory the victim can appeal to the next competent authority i.e., Supreme Court.

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  1. Salient Features 
  2. The Armed force tribunal will be working on the Armed Force Tribunal

(procedure) rules, 2008.

  1. The mandatory language in Armed Force Tribunal is English.
  2. Paramilitary forces jurisdiction is not covered under this act.
  3. Armed Tribunal follow its proceeding as per the proceedings followed by the High Court.
  4. The retirement age of the Chair Person and the Judicial Members is 65 to 67 years.

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  1. Scope of Act 

The Scope of the Armed Force Tribunal Act limited to the persons of Armed

Forces comprising of Indian Army, Indian Navy and Indian Air Force. This act provides fast trail and hearings to this the Army personnel.

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  1. Types of Matters 

The matters which are adjudicated by the Armed Forced Tribunals are related to appointments, emoluments, commission and service conditions of personnel in the armed forces.

The AFT has the power to grant condition or unconditional bail. If it finds the Armed Forces has given a unjust and unlawful decision, AFT can remit that punishment, Sentence party or completely.

Any person aggrieved by the order, decision, punishment given by the court

martial finds it unjust or unlawful can approach the court by following the

procedures and manner and within the prescribed time frame.

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  1. Famous Judgments

1 . Matters covered with Virender Singh

2   Matters covered with HNS-II

3  Covered with Balbir Singh Turn

4  Matters covered with Dharamvir/Sukhwinder Singh

5 Matters covered with Ex Sapper Mohinder Singh

6 Matters covered with Ram Lal (DSC)

7 Matters covered with Ram Avtar/KJS Buttar

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  1. Suggestions 

Armed Force Tribunals is basically a quasi-judicial institution resolving the cases concerned with the army personnel. The establishment of the Armed Force Tribunal in the year 2007 helped a to have a speedy trial of related matters as the concerned persons to whom they are related with have a very big responsibility upon them. Before the establishment of the Armed Force Tribunal in case of any dispute the army personnel have to wait for a long time to resolve there cases as there trial are also heard where several other proceedings are already going on.

Also Read- Armed Forces Tribunal Act, 2007

For case specific advice, one can contact the best/top/expert AFT Lawyer Advocate for Legal Advice in Chandigarh Panchkula Mohali (Punjab & Haryana).

This post is written by Aman Dube.

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