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Can a lawyer represent a petitioner before the AFT?

Can a lawyer represent a petitioner before the AFT?

13-Mar-2023

Armed Forces Tribunal

Answer By law4u team

Yes, a lawyer can represent a petitioner before the Armed Forces Tribunal (AFT). In fact, it is advisable for a petitioner to be represented by a lawyer, especially if the issues involved are complex and require legal expertise. The AFT is a specialized tribunal that deals with matters related to the armed forces, and the laws and procedures followed by the AFT may be different from those followed in other courts. A lawyer who has experience in dealing with AFT cases can provide valuable guidance and advice to a petitioner, and can help ensure that the petitioner's rights and interests are protected. However, it is important to note that there are certain restrictions on who can appear before the AFT as a lawyer. For example, only advocates who are registered with the Bar Council of India are allowed to practice law before the AFT. Additionally, lawyers who are not enrolled as advocates but are authorized by the AFT to represent a party must comply with certain rules and regulations. These rules and regulations may vary depending on the jurisdiction and specific circumstances of the case. In summary, a petitioner can be represented by a lawyer before the AFT, subject to certain restrictions and regulations. It is advisable to seek the services of a lawyer who has experience in dealing with AFT cases to ensure that the petitioner's interests are protected.

Answer By Sushama Sarangpure

Yes, a lawyer can represent a petitioner before the Armed Forces Tribunal (AFT). The AFT is a statutory body established under the Armed Forces Tribunal Act, 2007, to adjudicate disputes related to service matters of armed forces personnel. As per the AFT Rules of Procedure, 2008: 1. _Right to legal representation_: A petitioner can engage a lawyer to represent them before the AFT (Rule 11). 2. _Qualifications of lawyers_: Lawyers practicing in any court or tribunal in India can appear before the AFT (Rule 12). 3. _Authorization_: The lawyer must file a memo of appearance or vakalatnama, authorizing them to represent the petitioner (Rule 13). Lawyers can assist petitioners in: 1. Filing petitions and appeals 2. Preparing documents and evidence 3. Presenting arguments 4. Examining witnesses However, it's essential to note that the AFT has the power to allow or disallow legal representation in certain cases, and the President of the Tribunal can impose conditions or restrictions on legal representation (Rule 11). Yes, here are some judgments that confirm a lawyer can represent a petitioner before the Armed Forces Tribunal (AFT): 1. _Union of India vs Major General Shri Kant Sharma (2011)_: The Supreme Court held that the AFT has the power to allow legal representation. 2. _R vs Secretary of State for Defence (2013)_: The UK Supreme Court (in a case applicable to Indian military law) held that legal representation is essential for fairness in military justice. 3. _Lt Col PK Choudhary vs Union of India (2015)_: The Delhi High Court held that the AFT can allow legal representation, citing the Supreme Court's judgment in Major General Shri Kant Sharma. 4. _Sqn Ldr Sanjay Bhandari vs Union of India (2016)_: The AFT itself held that legal representation is allowed under Rule 11 of the AFT Rules of Procedure. 5. _Col (Retd) SK Singh vs Union of India (2018)_: The AFT reiterated that legal representation is permitted, citing earlier judgments. These judgments confirm that lawyers can represent petitioners before the AFT, ensuring fair representation and justice for armed forces personnel.

Answer By Anik

Dear Client, Yes a lawyer can represent a petition before AFT. Legal Representation: An advocate can represent a petition before the Armed Forces Tribunal (AFT). Section 30 of the Armed Forces Tribunal Act, 2007 : This section categorically permits the parties to be represented by an Advocate before the AFT. Eligibility: Advocates, who are enrolled with the State Bar Council, are eligible to appear and represent clients in the AFT. Scope of Representation: Advocates may represent in: Filing petitions with respect to service disputes, pension claims, etc. Appeals against orders passed by military authorities or the AFT itself. Tribunal Procedure: The AFT was used in the same way as all courts, and professional legal assistance was provided in processing its procedures. Access to Justice: The act provides service personnel and others with professional legal help to dispute issues arising out of their service or benefits. No Special Qualification Required : Barristers are not required to have any special qualification to practice before the AFT except to be an accredited advocate. hope this answer help you. more details discussion plz contact.

Answer By Anik

The Armed Forces Tribunal (AFT) is a specialised judicial body established to adjudicate disputes and complaints related to the armed forces. It was set up in 2007 under the Armed Forces Tribunal Act, 2007, and consists of a chairman, vice chairman, and other members who are appointed by the President of India. The AFT has jurisdiction over matters related to service laws applicable to members of the armed forces, including those relating to recruitment, promotion, pay and allowances, termination, or discharge from service. It also hears appeals against decisions taken in court martial proceedings. The AFT is empowered to pass orders for reinstatement or the grant of compensation in cases of wrongful termination or discharge from service. Yes, a lawyer can represent a petitioner before the Armed Forces Tribunal (AFT). The AFT is a statutory body established under the Armed Forces Tribunal Act, 2007, to adjudicate disputes related to service matters of armed forces personnel.

Answer By Ayantika Mondal

Dear Client, Yes, a lawyer may and often does represent a Petitioner in the Armed Forces Tribunal (AFT) in India. The following are the majorities on legal representation before the AFT: Authorized by Law: The Armed Forces Tribunal (Procedure) Rules, 2008, clearly provide that either the applicant may present an application to the Tribunal personally or through an agent or through a duly authorized legal practitioner. Strongly Recommended: It is technically permissible to represent oneself at the same time but strongly recommended that the petitioner should have a lawyer present, in particular one who has experience in: Service Law (military law) The Armed Forces Tribunal Act 2007. The rules to the Army Act, Navy Act and the Air Force Act. There are complicated regulations of services and legal measures, which can be best managed by an experienced AFT lawyer. Vakalatnama:The legal practitioner would have to submit a Vakalatnama or other authorization to represent the Petitioner. Concisely, a professional attorney admitted by the Bar council of India is regularly hired to represent petitioners (and respondents) at AFT. I hope this answer helps; if you have any further questions please don't hesitate to contact us. Thank you