HC's cannot entertain plea against Armed Forces Tribunal

The Supreme Court today held that High Courts are barred from entertaining pleas under writ jurisdiction against the verdicts of the Armed Forces Tribunal (AFT) in disputes pertaining to armed forces.
A bench of Justices S J Mukhopadhaya and N V Ramana said that if the High Court entertains a petition under Article 226 of the Constitution of India against the order passed by Armed Forces Tribunal it would "bypass" the machinery of statute as enshrined in the AFT Act.
Section 30 of Armed Forces Tribunal Act stipulates that an appeal against the final decision or order of the Tribunal shall lie in the Supreme Court (other than an order passed under section 19).

"If the High Court entertains a petition under Article 226 of the Constitution of India against order passed by Armed Forces Tribunal under Section 14 or Section 15 of the Act bypassing the machinery of statute ie Sections 30 and 31 of the Act, there is likelihood of anomalous situation for the aggrieved person in praying for relief from this Court," the bench said.
The apex court set aside the order of Delhi High Court which had allowed the writ petition against an army personnel.
"The High Court (Delhi High Court) while entertaining the writ petition under Article 226 of the Constitution bypassed machinery created under Sections 30 and 31 of Act. However, we find that Andhra Pradesh High Court and Allahabad High Court had not entertained the petitions under Article 226 and directed the writ petitioners to seek resort under Sections 30 and 31 of the Act.

"Further, the law laid down by this Court, as referred to above, being binding on the High Court, we are of the view that Delhi High Court was not justified in entertaining the petition under Article 226 of the Constitution of India," the bench said.
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 of India regarding matters related to Armed Forces.