3. BACKGROUND
“Army is always on the alert………..peace loving
citizens enjoy a social order based on rule of law; the
same cannot be denied to the protectors of this
order…”
Supreme Court in Lt Col PPS Bedi v. UOI & Ors(1982)
4. BACKGROUND
“Absence of even one appeal with powers to review
evidence, legal formulation, conclusion and adequacy
of otherwise of punishment is a glaring lacuna in a
country where counterpart civilian convict can prefer
appeal after appeal to a hierarchy of courts…
There should be one appeal to a body composed of
non military personnel who would enjoy the right of
judicial review both on law and facts to determine the
adequacy of punishment with the gravity of the
offence.”
Supreme Court in UOI v. Charanjit S Gill(2000)
5. LEGISLATION
The Armed Forces Tribunal Act, 2007
The Armed Forces Tribunal(Procedure) Rules, 2008 &
2011
The Armed Forces Tribunal(Practice) Rules, 2009
Nodal Govt Agency to oversee implementation
Ministry of Defence
Case sub judice to get all Tribunals under the Law Ministry as Principles of Natural
Justice are violated if the same ministry against whom cases are filed is in charge of
the court in which the case is heard!!!
7. * Each Bench to consist of at least two members (one Judicial nd one Adm) unless
otherwise directed by the Chairperson
* All appts to be made by President in consultation with CJI.
COMPOSITION *
(SEC-5,6 &7)
CHAIRPERSON
(RETD SC JUDGE/ RETD
HC CHIEF JUSTICE)
JUDICIAL MEMBERS
(RETD HC JUDGE)
ADM MEMBERS (RETD
MAJ GEN/ABOVE OR
SERVING/RETD JAG)
8. WHY WAS IT REQUIRED
• COURT-MARTIAL - FIRST & LAST COURT OF
ADJUD : NO APPEAL PROVIDED FOR.
• NO JUDICIAL FORUM FOR ADJUD OF SERVICE
MATTERS.
• INADEQUACY OF IN-HOUSE REDRESSAL
MECH.
• LIMITATIONS OF WRIT COURTS.
9. OBJECTIVE
Adjudication/Trialfor disputes and complaints
With Respect To
Commission, Appointment, Enrolment & Conditions Of Service
In Respect Of
Persons subject to Service Acts(AA,NA,AF Acts)
Appeals arising out of orders, findings or sentences of
Court Martial
SERVICE MATTER DISPUTE ADJUDICATION &
APPEAL AGAINST COURT MARTIAL SENTENCES
11. SERVICE MATTER
INCLUDES • REMUNERATION (INCL ALLOWANCES)
• PENSION AND OTHER RETIREMENT BENEFITS
• PREMATURE RETIREMENT, SUPERANNUATION
• TERMINATION OF SERVICE AND PENAL DEDUCTIONS
TENURE INCLUDING
COMMISSION, APPOINTMENT, ENROLMENT,
PROBATION, CONFIRMATION, SENIORITY, TRAINING,
PROMOTION, REVERSION
(CONDITIONS OF SERVICE)
13. SERVICE MATTER
EXCLUDES TERMINATION OF SERVICE U/S 18AA,
18AFA, 15NA (Presidential Pleasure)
POSTINGS & TRANSFERS Incl
- Change of place/ Unit
- Individually or with unit
- Foreign/ UN Assignment
SCM WHERE PUNISHMENT IS
- < 3 MTHS IMPRISONMENT OR
- WHERE THERE IS NO DISMISSAL
SUMMARY DISPOSALS U/S 83,84,85 or 80
ANY KIND OF LEAVE INCL STUDY LEAVE
14. SERVICE MATTER
• To remember
– Almost all matters other than POSTING can be
service matter and challenged in AFT
15. PROCEDURE
APPLICATION OA, RA, TA, MA, Appln for Transfer &
Contempt
APPLICANTS Persons under Service Acts
Retired Persons
Heirs, Successors, NOK, Legal Reps
PROCEDURE Given in Rules – Simpler than a normal court
procedure
PRINCIPAL BENCH AT DELHI & OTHER REGIONAL BENCHES
CONDITION PRECEDENT - ALL REMEDIES TO BE EXHAUSTED
POWERS OF AFT – As vested in a civil court under the code of
civil procedure, 1908
COMPOSITION OF TRIBUNAL – Chairperson, Judicial Member,
Administrative Member
16. CONDITION PRECEDENT FOR EX OF
JURISDICTION
ALTERNATIVE REMEDY (SEC -21):-
• NO `APPLICATION’ TO BE ORDINARILY ADMITTED IF
ALTERNATIVE REMEDY UNDER AA/AR/REGS NOT
EXHAUSTED.
• APPLICANT SHALL BE DEEMED TO HAVE EXHAUSTED
ALTERNATIVE REMEDY IF SIX MONTHS HAVE
PASSED SINCE PETITION WAS MADE.
17. CONDITION PRECEDENT FOR EX OF
JURISDICTION
LIMITATION (SEC-22):-
NO `APPLICATION’ SHALL BE ADMITTED :-
• UNLESS MADE WITHIN SIX MONTHS OF FINAL ORDER
HAVING BEEN PASSED ON APPLICANT’S PETITION
PREFERED UNDER AA/AR/REG.
• WHERE PETITION HAS NOT BEEN DISPOSED OF TILL
TWELVE MONTHS HAVE PASSED SINCE PETITION WAS
MADE.
• TRIBUNAL MAY CONDONE THE DELAY/ WAIVE THE
LIMITATION FOR SUFFICIENT CAUSE.
18. TAKE HOME POINTS
• Strictly follow statutory provisions Charge Trials and Court Martials. JAG
Support to Field Commanders for Court Martials
• Warning/Notice period for Court Martials. Do not Rush. Give Accused
very fair chance to defend.
• Document at every stage.
• Charge Trial, Court of Inquiry, Summary of Evidence, SCM/GCM Need to
be very thorough. (SCM cannot finish in less than one Hour)
• ACRs Sudden Drop to have a clear explanation at all levels
19. TAKE HOME POINTS
• Medical Boards –
• Define the Purpose of the Board - RMB/RSMB/IMB
• Opinion of Classified Specialist in detail. (Imp in Court)
• If Not Attributable, Not Aggravated, detailed reasons - NOT merely
“Constitutional, Not related to service”.
• Reason for not detecting at the time of enrolment where ever
possible.
• Medical examination at the time of enrolment - Detailed. Otherwise
Disability could be attributable to service.
• Rethink while deciding Disability percentages (14-19%, Why not 10%,
15% 0r 20%)
20. CONCLUSION
IS BLOOD A TISSUE?
YES, WHAT A SILLY QUESTION!!!
NO, AS PER THE DEFINITIONS IN ORGAN TRANSPLANT ACT!!!
QUESTIONS / DSCN
IS VACCINATION A SURGICAL PROCEDURE?
YES, AGAIN AS PER LAW IT IS…
LAW IS STRANGE… LAWYERS ARE STRANGER…
