Apex court says Army tribunal order can be challenged only before us

The Supreme Court has held that an appeal against the Armed Forces Tribunal (AFT) order could be filed with the apex court and the high courts should not entertain such petitions.

A bench of Justices S J Mukhopadhaya and N V Ramana said that inherent powers of a high court under writ jurisdiction could not be invoked when an equally efficacious remedy was provided to those aggrieved by the orders by the AFT.

The Armed Forces Tribunal Act, 2007, has been enacted to provide for adjudication or trial by AFT 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, and also to provide
for appeals arising out of orders, findings or sentences of court martial held under the said Acts.

No writ petition
“When a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. The high court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance,” the bench said.

In its verdict on a batch of petitions, the bench clarified the position as divergent decisions were made by Delhi, Allahabad and Andhra Pradesh High Courts.