Armed Forces Tribunal (AFT):
The Supreme Court recently suggested constituting Benches of the Armed Forces Tribunal (AFT) in Jammu and Kashmir and Himachal Pradesh to deal with the growing pendency in defence-related cases from these two areas.
- AFT is a military tribunal in India established under the Armed Forces Tribunal Act, 2007.
- It is functioning under the Ministry of Defence (MoD).
- It is responsible for resolving military-related disputes, including service matters and appeals from court-martial decisions.
- Functions:
- To provide for the adjudication or trial of disputes and complaints with respect to commission, appointments, enrolment, and conditions of service in respect of persons subject to the Army Act, 1950; the Navy Act, 1957; and the Air Force Act, 1950.
- To provide for appeals arising out of orders, findings, or sentences of courts-martial held under the said Acts and for matters connected therewith or incidental thereto.
- The tribunal can also dismiss the appeal if the court martial findings are found to be justified.
- Thus, the tribunal has original jurisdiction in service matters and appellate jurisdiction in court martial matters.
- Any appeal by a person against a decision given by the tribunal can only be taken up in the Supreme Court.
- Besides the principal bench in New Delhi, AFT has regional benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar, and Jaipur.
- Each Bench comprises of a Judicial Member and an Administrative Member.
- The Judicial Members are retired High Court Judges, and Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/equivalent or above for a period of three years or more.
- Judge Advocate General (JAG), who has held the appointment for at least one year, are also entitled to be appointed as the Administrative Member.
- The Tribunal shall transact their proceedings as per the Armed Forces Tribunal (Procedure) rules, 2008.
- All proceedings in the Tribunal will be in English.
- The Tribunal will normally follow the procedure as is practiced in the High Courts of India.
