JUDGMENT :

Deepak Gupta, J.

Leave granted.

2. One of the issues raised in this appeal is whether an appeal against an order of a single judge of a High Court deciding a case related to an Armed Forces personnel pending before the High Court is required to be transferred to the Armed Forces Tribunal or should be heard by the High Court.

3. The Armed Forces Tribunal (AFT for short) was constituted under the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the Act), enacted with the purpose of constituting an AFT to adjudicate disputes and complaints of personnel belonging to the Armed Forces. Chapter III of the Act, deals with the jurisdiction, power and authority of the Tribunal. Section 14(1) of the Act which is relevant reads as follows:

“14. Jurisdiction, powers and authority in service matters. —(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) in relation to all service matters.”

4. Section 15 prov