Short note on the Armed Forces Tribunal

President Pratibha Patil on August 08, 2009 inaugurated the Armed Forces Tribunal, an exclusive court for nearly 2.5 million serving and retired defence personnel.

The tribunal, which has been a long-standing demand of the servicemen, will deal with nearly 9,000 military cases pending in various courts across the country. The country’s first Armed Forces Tribual launched on 8th August 2009.The Armed Forces Tribunal Act, passed by Parliament in 2007, come into effect in June 2009.

It provides for adjudication by the tribunal of disputes and complaints about commission, appointments, enrolment and service conditions in respect of those covered by the Three Services Act, and hearing of appeals arising out of orders, findings or sentences of court martial. The tribunal will have original jurisdiction in service matters and appellate jurisdiction in court martial matters.

The establishment of the Armed Forces Tribunal, an exclusive court for the members of “the Army, Navy and the Air Force will enhance their confidence and trust levels in the system of dispensation of justice in relation to their service matters. Hence, it marks an important milestone in the history of the armed forces in India.

Set up by an act of Parliament in December 2007, the tribunal will have its principal bench in New Delhi and eight regional benches across the country. It will have 15 courts in all – three each in New Delhi, Chandigarh and Lucknow and one each in Jaipur, Mumbai, Kolkata, Guwahati, Chertnai and Kochi. When a new institution is set up to meet a specific demand or to fill a lacuna, the expectations from it are usually high. However, a new body has an advantage as while framing rules, regulations and working methodologies, it can do so in a way that will fulfill its mandate in the most effective manner.

Consisting of both judicial and administrative members, it is in a position to dispense justice by combining legal knowledge with a complete input of the ground realities in which the Armed Forces operate. The tribunal will also act as the appellate forum for the armed forces personnel against court martial rulings.

The tribunal will act as a civil court while adjudicating in service matters and as a criminal court when hearing appeals against court martial. The tribunal’s chairperson will be a retired or serving judge of the Supreme Court or chief justice of a high court.

Justice AK Mathur, former judge of the Supreme Court, has been appointed the tribunal’s first chairperson and he assumed charge September 1, 2008. The judicial members of the tribunal will be serving or retired judge of a high court while the administrative members would be officers of the rank of Major General or equivalent in either of the three services or an officer not lower than the rank of a Brigadier or equivalent who has rendered not less than one year of service as the Judge Advocate General of the Army, Navy or Air Force.

The Principal Bench at Delhi has started functioning from August 10, 2009. Regional Benches at Chennai, Jaipur, Lucknow, Chandigarh, Kolkata and Kochi have also been made functional. The Regional Benches at Guwahati and Mumbai will also start functioning sfiortly.