Nod must to challenge Armed forces tribunal: SC

Affecting a large number of armed forces personnel who are left with the only option to seek resolution of their grievance concerning service matters and other contentious issues from the armed forces tribunal, the Supreme Court has ruled that the decision of the newly created forum cannot be challenged before the top court without prior sanction by the tribunal.

Explaining the purport of Section 31 of the Armed Forces Tribunal Act that allows appeal against the tribunal’s order, the top court has said an appeal to this court (apex) can be filed either with the leave of the tribunal or with the leave of this court.

“No absolute right of appeal against even a final order or decision is available to the aggrieved party, except in cases where the order passed by the tribunal is in exercise of its jurisdiction to punish for contempt, the court held on Friday.

The judgment was a response to an appeal filed by the Union of India which had filed a lawsuit challenging the tribunal’s order that had gone in favour of one Brig PPS Gill. The government neither sought the tribunal’s sanction to appeal, nor did it seek the top court’s nod for moving it.

Dismissing the Union government’s appeal as not maintainable, the court said to take recourse to Section 31 of the Act, it had to seek prior permission of the tribunal or the SC.

To effectuate the remedy, the court directed, the period of limitation for making an application for leave to appeal to this court by certificate shall start from the date of this order.

This judgment assumes significance in view of the common perception among the litigants that they enjoy the natural right to file an appeal before the SC and they don’t have to seek the prior permission of the Tribunal or the apex court.