SC trashes PIL seeking appointment of lawyers as judicial members in AFTs

New Delhi: The Supreme Court on Tuesday refused to entertain a PIL seeking a direction to appoint experienced lawyers as judicial members of the Armed Forces Tribunals (AFT).

A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra took note of the plea filed by Gurugram resident Ishan Gill, and said it cannot pass such an order.

“Your petition is wrong. We cannot say that just appoint experienced advocates. We have explained ourselves. Dismissed,” the bench said.

The Armed Forces Tribunal Act, 2007 was passed by Parliament to set up the bodies with the power to adjudicate disputes and complaints with respect to commission, appointment, enrolment and conditions of service under the Army Act, the Navy Act and the Air Force Act.

The AFTs also hear appeals arising out of orders, findings or sentences of courts-martial under the three laws governing the three forces.

Besides the Principal Bench in New Delhi, AFT has regional benches in Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur.

Former high court judges can be appointed as judicial members of the AFTs.

Retired members of the armed forces who have held the rank of Major General/equivalent or above for a period of three years or more can be appointed as administrative members of the AFTs.