What is the Armed Forces Tribunal?

The Armed Forces Tribunal was set up in 2009 as inaugurated by the President of India as a Military Tribunal in India. The same was set up in accordance with the provisions of the Armed Forces Tribunal Act, 2007. The Principal Bench of the Armed Forces Tribunal is located in New Delhi, while it has its regional benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur. The Armed Forces Tribunal (Procedure) Rules, 2008 are followed during the legal proceedings.

What is the Military Tribunal for?

Matters of complaints and disputes pertaining to commissioning, appointment, nomination and service rules under the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 are dealt with by the Armed Forces Tribunal. Based on the aforementioned laws, appeals against the decisions of the Court Martial also lie before the Armed Forces Tribunal.

Who is the head of the Armed Forces Tribunal?

Speaking of the organisational structure of AFT, it is headed by a Chairperson being a retired Supreme Court Judge or a retired Chief Justice of the High Court, as the case may be. An Armed Forces Tribunal Bench consists of a Judicial Member being a High Court Judge (serving or retired) and an Administrative Member (served in the Army on specified roles as per the AFT Act). The Chairperson and members of the Armed Forces Tribunal are appointed by the President of India. 

How to file a case in the Armed Forces Tribunal?

In order to proceed with a case before the Armed Forces Tribunal, the course is similar to any other Court or Tribunal. The proceedings are conducted in English. During filing and trial, procedure provided under the Armed Forces Tribunal (Procedure) Rules, 2008 is followed, starting with the petition stating specific facts accompanied by documents and specifying the relief sought. 

It may be noted that it is not mandatory to have a lawyer representing you before the Armed Forces Tribunal. However, since legal proceedings are tricky and hold a lot of importance in the due course deciding the long-term interests of a person’s career, it is advisable to have a legal professional by your side to handle those technical aspects of law. Lawyers at Online Legal Query assist with representation before the AFT.