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What is the procedure for enforcing the decisions of the AFT?

What is the procedure for enforcing the decisions of the AFT?

02-Sep-2023

Anticipatory Bail

Answer By law4u team

The procedure for enforcing the decisions of the Armed Forces Tribunal (AFT) in India is governed by the AFT Act, 2007, and the rules and regulations prescribed under it. Here is a general overview of the procedure for enforcing AFT decisions: Receipt of AFT Order: Once the AFT issues a decision or order, it is typically served to the parties involved in the case, including the petitioner and the respondent (if applicable). The order will outline the relief or directions issued by the tribunal. Compliance by the Respondent: If the AFT order directs a government department or organization (the respondent) to take specific actions or provide certain benefits to the petitioner, it is the responsibility of the respondent to comply with the order within the stipulated time frame mentioned in the order. Review and Appeal: Either party, if dissatisfied with the AFT's decision, may have the option to seek a review of the decision within the tribunal or file an appeal before a higher court, such as the High Court or the Supreme Court of India. The enforcement of the AFT order may be stayed (temporarily halted) if an appeal is filed, and the higher court grants a stay. Execution Application: If the respondent does not comply with the AFT order or if there is any dispute regarding compliance, the petitioner may file an Execution Application before the AFT. In this application, the petitioner seeks the enforcement of the AFT order by requesting the tribunal to take appropriate steps to ensure compliance. Enforcement Measures: The AFT can take various enforcement measures to ensure compliance with its orders. These may include: Directing the respondent to implement the order and report back to the AFT once the compliance is achieved. Issuing contempt proceedings against the respondent for non-compliance. Ordering penalties or fines for non-compliance. Initiating coercive measures to enforce the order, such as attachment of property or other assets of the respondent. Any other measures deemed necessary by the AFT to secure compliance. Monitoring and Reporting: The AFT may periodically review the progress of compliance and may issue further directions or orders as needed to ensure full and timely compliance. Legal Representation: Parties involved may seek legal representation to navigate the enforcement process, especially if there are disputes or difficulties in enforcing the AFT order.

Answer By Anik

Dear clients, The procedure are as follow:- 1. Issuance of Order: Whenever the AFT makes a judgement or an order it appears in writing form, the bench members put their signatures on it. Basically, the decision can be imposed on the parties that took part in the case. 2. Communication of Decision: The decision that has been made is conveyed to the concerned government authorities. It helps to investigate all the parties to docket and inform them of the ruling made by the judge. 3. Implementation by Authorities: The enforcement of decisions made by the tribunal is highly the role of the concerned government department. Indeed, they are expected to execute the order within a given time frame. This may comprise reinstating of particular personnel, paying compensation or doing any corrective measures which have been ordered by the AFT. 4. Judicial Review: If a party feels that the decision is not being implemented or enforced properly then a party can get it reviewed in the court. Although the AFT is expected to have the final say of matters under its jurisdiction, the Supreme Court or High Courts may step in whenever there is an act of non compliance with the AFT’s directions. 5. Contempt Proceedings: In the event that an AFT order is flouted with contempt, the tribunal can proceed to commit the offenders for contempt of the tribunal’s order. This puts into practice its decisions and it also maintains the aspect of the tribunal in power. 6. Execution of Orders: As mentioned above the AFT’s decisions can be implemented in the same manner as a decree of a civil court is implemented. It is enforceable in the district courts mainly in matters concerning money claims or deliverables and contractual breaches regarding property rights. 7. Appeals: A party has constitutional right to appeal against the AFT decisions in the Supreme Court under Article 136 of the Constitution of the Federal Republic of Nigeria but the order or decision of the Supreme Court does not stay the execution of the order made by the AFT unless the Supreme Court orders so. In case of any query please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear clients, The mechanism for implementation of the decisions awarded by the AFT has some phases and rules regulated mainly under the Armed Forces Tribunal Act, 2007 and rules made there under. Following steps are :: Issuance of Orders: After the AFT has made a decision it gives directions that have to be followed by the concerned persons. These orders may contain directives to the government or military authorities to do something or refrain from doing something. Compliance by Authorities: As much as the AFT is a civilian organization, the government and military authorities are in a position of fulfilling its orders. This compliance is normally expected within a given period and any failure to observe the Tribunal directions amounts to contempt of the Tribunal. Filing of Contempt: The contempt procedure where a party does not follow the order of the Tribunal is done by the aggrieved having to apply before the AFT. The Tribunal has a right to fine the non-compliant party or compulsory rectification as well as take legal intents. Execution Application: In the situations where the decision taken provides for monetary award or certain operational measures, the injured party may apply for execution before the AFT. Disparate from this filing, this application is in the enforcement of the Tribunal’s decision and may seek relief of a preliminary nature in the event of the need to make an application for an interlocutory order. Judicial Review: The decision of the AFT though is usually final and conclusive it can be referred to the Supreme Court under Article 136 of the Constitution of India. The Supreme Court has the power to sit in a case where there is justice to be done and such rulings when made are drastic. Legal Assistance: The parties may require legal help in dealing with the enforcement process efficiently and individually in cases where civil legal questions were improved or in controversies relative to noncompliance. overall, the AFT has juridical implication and there are processes by which these decisions may be enforced in accordance with the just and rightful processes of the Armed Forces. In case of any query please feel free to contact us. Thank you.