Home
Legal Advice
Armed Forces Tribunal
Can civilians file a case before the AFT?

Can civilians file a case before the AFT?

11-Mar-2023

Armed Forces Tribunal

Answer By law4u team

No, civilians cannot file a case before the Armed Forces Tribunal (AFT). The AFT is established primarily to deal with disputes and grievances of members of the Armed Forces and has jurisdiction only over matters related to the Armed Forces of India. As per the Armed Forces Tribunal Act, 2007, the AFT has jurisdiction over all officers, junior commissioned officers, and other ranks of the Army, Navy, and Air Force. It also has jurisdiction over retired personnel of the Armed Forces and their dependents. However, it does not have jurisdiction over civilians, and hence, they cannot file a case before the AFT. If a civilian has a complaint or grievance related to the Armed Forces, they can approach the appropriate civilian court or tribunal. For example, if a civilian has a complaint related to the procurement of goods or services by the Armed Forces, they can approach the Competition Commission of India. Similarly, if a civilian has a complaint related to the violation of their fundamental rights by the Armed Forces, they can approach the High Court or the Supreme Court of India. In short, civilians do not have any locus standi before the AFT, and the tribunal is primarily meant for the redressal of disputes and grievances of members of the Armed Forces.

Answer By Ayantika Mondal

Dear Client, The Armed Forces Tribunal (AFT) was established under the Armed Forces Tribunal Act, 2007, primarily to address the grievances and disputes concerning the Armed Forces of India and its personnel. It is important to note that civilians cannot file cases before the AFT, as it does not have jurisdiction over civilian matters. Civilians who wish to file a case against the Armed Forces must approach a civil court or another appropriate forum, as the AFT does not entertain such cases. The jurisdiction of the AFT is limited to officers, junior commissioned officers, other ranks of the Army, Navy, and their dependents. The main purpose of the AFT is to serve the interests of the Armed Forces and not those of civilians. Therefore, the AFT is not a platform for civilians, and its jurisdiction is strictly confined to matters involving the Armed Forces of India. I hope this answer helps.

Answer By Anik

Dear Client, AFT stands for Armed Forces Tribunal, and according to Armed Forces Tribunal Act, 2007, civilians cannot file a case before the Armed Force Tribunal as it does not have any jurisdiction over the civilians and in case civilian wants to file any type of case against Armed Forces they can reach the door of civil court or any other court but AFT is not the appropriate place for the civilians. And civilians have zero locus standi before the AFT. AFT was established for to deal with the grievances and disputes of the Armed Forces of India and its members, and it has jurisdiction over Officers, junior commissioned officers, other ranks of the Army, Navy, and their dependents, The prime objective of AFT is to look into the matter of Armed Forces and name clearly gives that message as it was designed and drafted for the purpose to serve the Armed Forces and not the civilians. To conclude, AFT is not for the civilians and it has a jurisdiction only over matters related to the Armed Forces of India. Hope this answer helps.

Answer By Anik

The Armed Forces Tribunal Act 2007, was passed by the Parliament and led to the formation of AFT with the power provided for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950. It can further provide for appeals arising out of orders, findings or sentences of courts- martial held under the said Acts and for matters connected therewith or incidental thereto. Civilians who wish to file a case against the Armed Forces, does not entertain such cases. The jurisdiction of the AFT is limited to officers, junior commissioned officers, other ranks of the Army, Navy, and their dependents.