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CONSULT THE BEST ARMED FORCES TRIBUNAL LAWYERS IN KHARI, BIJNOR

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Lawyers for Armed Forces Tribunal in Khari, Bijnor

Army officers, Police, Judiciary are for the betterment of the people of our nation. States security is the foremost priority of the Government. The Army, Navy, and Air Force have different laws which are only applicable to the people who are currently serving in the specific force. They have different courts and advocates appointed by the Centre. Only these advocates are allowed to practice in these cases as they do not follow a standard procedure of Courts.

What is the law associated with the Armed Forces Tribunal?

The Army Act, 1950, The Navy Act, 1957, The Air Force Act, 1950 are the laws for the people or the soldiers in the armed forces.

The Armed Tribunal Act 2007, endorsed by the Parliament, led to the formation of the Armed Forces Tribunal with the facilities that provided the adjudication or trial by Armed Tribunal of disputes and take into consideration the complaints with regard to the commission, appointments, and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950. It further provides for appeals arising out of orders, sentences of courts-martial held under the said Acts, and for matters connected therewith or incidental thereto.

Besides the Chief Bench in New Delhi, the Armed Forces Tribunal also has Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, and Jaipur.

Each Bench comprises one Judicial Member and one Administrative Member.

Why does one get to hire a lawyer for Armed Forces Tribunal cases?

Arshdeep has applied for practicing advocacy in the khari, bijnorn Navy in 2010. He was soon selected and had fought many cases within the Court for the betterment of the Navy. Once while fighting for justice, he started receiving threats that if he did not leave the case he might lose his job as well as his life. He ignored and bought justice in the Courtroom. But later lost his job due to a misunderstanding between the authorities of his department and the other party. He filed a complaint to the designated officers of the same.

As seen above, if the sort of conduct of a person isn't brought into the notice one can lose their reputation, job, or even worse their life. Advocates during a situation like this file a notice against such people and thus the Courts confirm that the concerned people compel with the decree passed if found guilty.

How to register your case?

  1. Complaint: You must file a proper complaint regarding your problem together with your authorities within 30 days from once you start feeling victimized. An affordable delay is often exempted with a substantive explanation. the appliance is to be filed with the prescribed fee. If the complaint isn't addressed correctly, you'll move to the soldier’s tribunal also. With a recent amendment, civil courts even have jurisdiction over soldier’s matters, subject to certain restrictions.

  2. Filing an Appeal: The sections in dispute are Sections 30 and 31, which provided for appeals from the orders of the Tribunal.

Section 30 states An individual features a right to appeal against the order gone by the tribunal subject to the provisions of section 31 of the Act. The section also states that the individual cannot claim the proper appeal if an order is passed as per section 19 of the Act.

Section 31 likewise states: An individual has got to obtain special permission to be heard, by filing an appeal before the Hon’ble Supreme court. The court shall entertain such appeals unless it's certified by the tribunal that the question of law within the appeal needs further interpretation of law or involves general public importance. Therefore it is often understood that Sections 30 and 31 of the Act gives the individual right of Appeal.

Famous Judgments on the Armed Forces Tribunal?

Union Of khari, bijnor & Ors vs Major General Shri Kant Sharma, 2015: For the determination of this issue, it's necessary to refer to the relevant provisions of the soldier’s Tribunal Act, 2007, the facility of the supreme court under Sections 226 and 227 of the Constitution, and therefore the power of the Supreme Court under Articles 32 and 136 of the Constitution.

The soldier’s Tribunal Act, 2007 has been enacted to supply for adjudication or trial by soldiers Tribunal of disputes and complaints with reference to commission, appointments, enrolment, and conditions of service in respect of persons subject to the military Act, 1950, the Navy Act, 1957 and thus the Air Force At, 1950 and also to supply 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.

When Committee asked, whether an appeal would be gone in High Courts or Supreme Court, the Ministry stated: "Clause 30 of the soldier’s Tribunal Bill, 2005 provides that an appeal against the last word decision or order of soldiers Tribunal shall mislead the Supreme Court. Under the Constitution, the facility of superintendence of supreme court is already excluded against a Court Martial verdict.â€

On a specific examination to the representatives of the Ministry of Law & Justice, on this issue of appeal against the order of the Tribunal, stated:-

In this connection, the Ministry of Defence during a written note stated: "The proposed soldier’s Tribunal Bill, 2005 doesn't envisage a situation where an accused can approach the High Court in an appeal against the specific order of the Tribunal. There is often no equation between the supreme court and the other Tribunal. On the other hand, analogies are often drawn between the CAT and therefore the proposed soldier’s Tribunal. In CAT, a single-member also constitutes a Bench. However, within the soldier’s Tribunal, the minimum number of members to constitute a Bench is two.

Further, as opposed to the CAT where the Chairperson is a serving or retired High Court judge, the Chairperson of the Armed Forces Tribunal is a retired Supreme Court Judge or retired Chief Justice of the High Court. Further Article 227(iv) of the Constitution excludes the power of superintendence of High Courts over any court or tribunal constituted by or under any law relating to the Armed Forces. Therefore, an accused cannot go to the High Court in an appeal against the order of the Armed Forces Tribunal.â€

Section 30 provides for an appeal to this Court subject to leave granted under Section 31 of the Act. By clause (2) of Article 136 of the Constitution of khari, bijnor, the appellate jurisdiction of this Court under Article 136 has been excluded in relation to any judgment, determination, sentence, or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. If any person aggrieved by the order of the Tribunal, moves before the High Court under Article 226 and the High Court entertains the petition and passes a judgment or order, the person who may be aggrieved against both the orders passed by the Armed Forces Tribunal and the High Court, cannot challenge both the orders in one joint appeal. The aggrieved person may file leave to appeal under Article 136 of the Constitution against the judgment passed by the High Court but in view of the bar of jurisdiction by clause (2) of Article 136, this Court cannot entertain an appeal against the order of the Armed Forces Tribunal. 

Once, the High Court entertains a petition under Article 226 of the Constitution against the order of Armed Forces Tribunal and decides the matter, the person who thus approached the High Court, will also be precluded from filing an appeal under Section 30 with leave to appeal under Section 31 of the Act against the order of the Armed Forces Tribunal as he cannot challenge the order passed by the High Court under Article 226 of the Constitution under Section 30 read with Section 31 of the Act. Thereby, there is a chance of an anomalous situation. Therefore, it is always desirable for the High Court to act in terms of the law laid down by this Court as referred to above, which is binding on the High Court under Article 141 of the Constitution of khari, bijnor, allowing the aggrieved person to avail the remedy under Section 30 read with Section 31 Armed Forces Act.

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