Overview : As per Article 21 of Indian Constitution “Access to speedy justice is a fundamental right”. In fact, Armed Forces Tribunal -AFT aims to strengthen armed forces members’ trust and confidence. Moreover, It aims at speedy dispensation of justice of service-related matters of three services. The three services are Army, Navy and Air force. All armed forces servicemen have a right to approach AFT. Find the best Armed forces tribunal advocates in Chennai.
ARMED FORCES TRIBUNAL LAWYERS
Meanwhile, They can raise compliant for any issues of their service matters. Of course, It can be at any reasonably accessible place. We need to remember the sacrifices made by the armed forces personnel during war and peace. The society has a duty to ensure their immediate grievance redressal. Most of all, AFT was set up under the Armed Forces Tribunal Act, 2007 in the constitution of India.
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AFT is a effective redressal mechanism for personnel of all three wings of armed forces. AFT act is the result of the recommendations of 169 th Law Commission Report. It is also from various Supreme Court directives. AFT Benches The Principal Bench of Armed Forces Tribunal is at New Delhi. There are eight other AFT benches. They are in Mumbai, Lucknow, Kolkata, Chennai, Kochi, Chandigarh, Guwahati and Jaipur.
AFT’s Composition Armed Forces Tribunal consists of a Chairperson and two other members. The Central Government decides Extra Judicial and Administrative members. The time span of Chairpersons and other Members is four years. Get the best Legal consultation for Armed forces tribunal in Chennai, Tamil Nadu, India.
Qualification of AFT bench members:
- Chairperson: The Chairperson of armed force tribunal is a retired judge of the Supreme Court. He may also be a Retired Chief Justice of High Court.
- Judicial Member: The member of armed force tribunal is a ex-Judge of High Court.
- Administrative Member: Administrative member is an Ex- Major General in armed forces. He has an experience of at least one year as Judge Advocate General in the Army or the Navy or the Air Force.
Some important Notes about AFT’s jurisdiction
Jurisdiction:
The territory that comes under the AFT covers the three armed forces. But, Paramilitary Forces don’t come under armed force tribunal jurisdiction.
Function:
The function of AFT is to hear appeals against any service matters. The service matters may be a decision, order, finding, and sentence by Court Martial.
Power:
It holds the power to change the whole or part of the sentence of unjust court martial matters. armed force tribunal can enhance or lessen the punishment given already by court-martial. AFT holds the right to suspend the imprisonment and release the convict on parole.
Criminal Court:
As per the Indian Penal Code and Code of Criminal, Procedure AFT is a criminal court
Appeal:
Supreme Court is the final authority to challenge armed forces tribunal decisions.
Service Matter:
The Tribunal can hear any compliant of service matters. Service matters pertain to the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950. They include payment, tenure, leave, training, promotion, and trials.
Acceptance of application:
The armed force tribunal will make inquiries about application. If satisfied, it will admit the application. The application gets accepted only if no armed forces remedies are applicable.
Matters relating to court-martial
The Tribunal has jurisdiction for appeals against Court-martial orders or sentences passed. The Tribunal allows an appeal against any court-martial conviction. It depends upon conditions like:
(a) The findings of the court-martial are not sustainable
(b) There was a wrong decision on a question of law
or
(c) There was a miscarriage of justice.
The Tribunal can quash a conviction and order a retrial by court-martial.
Attendance :
The armed forces tribunal has the power to enforce the attendance of any person. It can examine him under oath. It has the power to order the production of documents for reviewing decisions etc.
Not bound by Civil Procedure code:
The Tribunal is not bound by the Code of Civil Procedure. At any rate, It can regulate its own procedure. However, It can fix the place and time of inquiry and decide whether to sit in public or in-camera. Above all, It has the power to punish with imprisonment up to three years for contempt of the Tribunal.
Bench decisions :
The Chairperson may distribute business among the benches of the Tribunal on the other hand. Furthermore, He can transfer any case pending before one bench to another bench. Decisions of the bench are the majority, and in case of a tie, the matter gets referred to the Chairperson.
In any case, a civil court cannot exercise jurisdiction of service matters falling within the tribunal jurisdiction. For this reason, All pending cases get transferred to the Tribunal once it is established
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How we can help Our teams of AFT lawyers prosecute or defend cases on discipline or disobedience of law. Our team comprises of lawyers of all three armed services presently. Actually, they are army lawyers, navy lawyer, air force lawyers and military lawyers. For filing an AFT case or any other case related to the Army, Navy, Air Force tribunal approach us. No doubt, Our Attorneys also handle cases of Jurisdiction matters, Pension, Medical, Disabilities and Super session. Kindly our law firm for legal advice and Litigation services
