SC says high courts cannot entertain plea against Armed Forces Tribunal

The Supreme Court has said high courts cannot entertain pleas under writ jurisdiction against verdicts of the Armed Forces Tribunal (AFT) in disputes pertaining to armed forces.

Justices S J Mukhopadhaya and N V Ramana said that if a high court entertains a petition under Article 226 of the Constitution against the order passed by the AFT, it would bypassing the machinery of statute as enshrined in the AFT Act, and there is likelihood of anomalous situation for the aggrieved person in praying for relief from this court.

The apex court's ruling came after it had set aside an order of the Delhi High Court which had allowed a writ petition against an army personnel.

The apex court was hearing a bunch of appeals questioning whether the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 against an order of the Tribunal will bar the jurisdiction of the High Court under Article 226 of the Constitution regarding matters related to Armed Forces.

Section 30 of AFT Act stipulates that an appeal against the final decision or order of the tribunal shall lie in the Supreme Court.