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What is the appeal process for cases heard by the AFT?

29-Aug-2023
Anticipatory Bail

Answer By law4u team

In India, "AFT" most commonly refers to the "Armed Forces Tribunal." As of my last update in September 2021, here is the appeals process for cases heard by the Armed Forces Tribunal (AFT) in India: Initial Decision by AFT: The case begins with the filing of a petition before the AFT. The AFT hears the case and makes a decision based on the evidence and arguments presented. Appeal to High Court: If any of the parties are dissatisfied with the decision of the AFT, they can file an appeal before the respective High Court. The appeal is usually filed under the provisions of the Armed Forces Tribunal Act, 2007. High Court Review: The High Court reviews the decision of the AFT and considers the arguments and evidence presented in the appeal. The High Court may uphold the AFT's decision, modify it, or even reverse it based on the merits of the case. Further Appeal to Supreme Court: If any of the parties are dissatisfied with the decision of the High Court, they can file a special leave petition (SLP) before the Supreme Court of India. The Supreme Court reviews the case and has the discretion to grant or deny the permission to appeal. Supreme Court Review: If the Supreme Court grants permission to appeal, it reviews the case and considers the arguments and evidence presented. The Supreme Court's decision becomes the final ruling in the matter. It's important to note that legal processes can change over time, and there may have been updates or amendments to the appeals process for cases heard by the Armed Forces Tribunal in India since my last update in September 2021. For the most accurate and up-to-date information, I recommend consulting official legal resources or seeking advice from legal experts in India.

Answer By Anik

Dear client, The appeal process for cases heard by the Armed Forces Tribunal (AFT) is streamlined and specific to maintain efficiency in handling military-related matters: 1. Appeal to the Supreme Court: All the decisions of the AFT can be appeals to only the Supreme Court of India only . The application which can be filed are those which raise considerable issues of law or those which should be heard by the General Public as provided under the Armed Forces Tribunal Act, 2007. This restriction of the grounds of an appeal is in order to ensure that only deserving legal matters find their way to the Supreme Court and not swamp the general judicial nerve as far as routine military matters are concerned. 2. Time Frame for Filing Appeals : Taking of the appeal to the Supreme Court must be done within ninety days from the date of the judgement by the AFT. At times though, an application for condonation of delay may still be made still appealing to the Supreme Court that there was reason for extension of time within which the appeal could have been lodged. 3. Absence of Intermediate Appeal: Unlike in civil and criminal cases in other courts in appellate jurisdiction could run through the High Courts AFT judgments are only appealable directly to the Supreme Court. This is allegedly explained by the specificity of controversies related to Military Service and its objective is to give an accelerated consideration of the controversy concerning the Armed Forces individuals. 4. Petitions for Review: The AFT contemplates review petitions to be filed within thirty days if only the parties believe that there is a mistake obvious on the face of the record. However, this review is initiated by the same AFT bench, rather than an appellate authority and is intended only for some defects, not for rehearing the matter. existing in the form of appellate structure, makes it clear that the AFT has a different function, and the government therefore meant to provide military cases with the specialized attention which is required by their nature, while controlling the appeals to the bare legal minimum. In case of any further queries please feel free to contact us. Thank you.

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