Recently, the Supreme Court proposed setting up Benches of the Armed Forces Tribunal in Jammu and Kashmir and Himachal Pradesh to address the growing pendency of defence-related cases in these regions.

Need Of More Benches of the Armed Forces Tribunal

Currently, the AFT Chandigarh Bench manages cases from these areas, leading to significant delays.

• The Court emphasized that setting up circuit Benches in Jammu and Kashmir, Shimla, and Dharamshala could substantially reduce this backlog.

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About Armed Forces Tribunal (AFT)

• Establishment: The Armed Forces Tribunal is a military tribunal in India, established in 2009 under the Armed Forces Tribunal Act, 2007.
• Functions: 
  • The tribunal adjudicates disputes and complaints related to:
    • Commission, appointments, enrolment, and service conditions under the Army Act, 1950, Navy Act, 1957, and Air Force Act, 1950.
    • Appeals arising from orders, findings, or sentences of courts-martial under the said Acts.
  • The tribunal also handles matters connected or incidental to these disputes.
• It has the authority to dismiss appeals if the findings of the court-martial are deemed justified.
• Principal , Regional and Circuit benches: These different types of benches help the Armed Forces Tribunal efficiently manage cases.

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• Appeals against AFT decisions : It can only be taken up in the Supreme Court of India.
• Composition: Each Bench comprises
  • A Judicial Member: Retired High Court Judges.
  • An Administrative Member: Retired members of the Armed Forces who have:
    • Held the rank of Major General (or equivalent) or above for at least three years.
    • Served as Judge Advocate General (JAG) for a minimum of one year.
• Functioning of AFT:
  • Proceedings are conducted as per the Armed Forces Tribunal (Procedure) Rules, 2008.
  • All tribunal proceedings are held in English.
  • The tribunal follows procedures similar to those practiced in the High Courts of India.

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