Union Of India vs Parashotam Dass - 2023 Supreme(SC) 256

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 256

SANJAY KISHAN KAUL, ABHAY S. OKA, B. V. NAGARATHNA
Union Of India – Appellant
Versus
Parashotam Dass – Respondent

Advocates appeared:
For the parties : Mr. G.S. Gerwal, Sr. Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. Akhileshwar Jha, Adv. Ms. Niharika Dwevedi, Adv. Mr. Ravish Kuamr Gouyal, Adv. Mr. Amit Kuamr Chawla, Adv. Mr. Narendra pal Sharma, Adv. Ms. Sandhya Singh, Adv. Ms. Manju Jetley, AOR Mr. K.Parameshwar, AOR Mr. Navdeep Singh, Adv. Ms. Arti Gupta, Adv. Ms. Kanti, Adv. Mr. Mukesh Kumar Sharma, AOR Mr. Braj Kishore Mishra, AOR Mr. Ankit Mishra, Adv. Mr. Abhishek Yadav, Adv. Mr. K M Nataraj, A.S.G. Mr. Sanjay Jain, A.S.G. Mr. R Balasubramanian, Sr. Adv. Mrs. Sonia Mathur, Adv. Mrs. Seema Bengani, Adv. Mr. Padmesh Mishra, Adv. Mr. Yuvraj Sharma, Adv. Mr. Anandh Venkataramani, Adv. Mrs. Vijayalakshmi Venkataramani, Adv. Mr. Vinayak Mehrotra, Adv. Ms. Mansi Sood, Adv. Mr. Chitvan Singhal, Adv. Ms. Sonali Jain, Adv. Mr. Abhishek Kumar Pandey, Adv. Mr. Raman Yadav, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Mukesh Kumar Maroria, AOR Mr. Shreekant Neelappa Terdal, AOR Mr. Arvind P.Datar, Sr. Adv. Ms. Archana Pathak Dave, AOR Ms. Chitrangada Rastravara, Adv. Mr. Manvendra Singh, Adv. Mr. Dashrath Singh, Adv. Mr. Abhijeet Singh, Adv. Mr. Aditya Pratap Singh, Adv. Ms. Aishwarya Mishra, Adv. Ms. Yasha Goyal, Adv. Mr. navdeep Singh, Adv. Mr. Manvendra Singh, Adv. Mr. Rakesh Dahiya, AOR Mr. Aditya Dahiya, Adv. Mr. Kapil Dahiya, Adv.

Judgement Key Points

What is the applicability of Article 226 writ jurisdiction to challenge Armed Forces Tribunal orders? What is the scope and limit of High Court judicial review over Armed Forces Tribunal decisions under Article 226 and 227? What is the interplay between Sections 30-31 of the Armed Forces Tribunal Act and the right to appeal to the Supreme Court?

What is the applicability of Article 226 writ jurisdiction to challenge Armed Forces Tribunal orders?

What is the scope and limit of High Court judicial review over Armed Forces Tribunal decisions under Article 226 and 227?

What is the interplay between Sections 30-31 of the Armed Forces Tribunal Act and the right to appeal to the Supreme Court?

JUDGMENT :

SANJAY KISHAN KAUL, J.

The prelude to the Armed Forces Tribunal Act, 2007:

1. A large number of cases relating to service matters of members of the three-armed forces of the Union of India had been pending in Courts for a considerable period of time and, thus, the Central Government engaged in the question of constituting an independent adjudicatory forum for defence personnel. In 1982, the Supreme Court in Lt. Col. Prithi Pal Singh Bedi Etc. vs. Union of India & Others, (1982) 3 SCC 140 had urged the Central Government to take steps to provide for at least one judicial review in service matters, and in 1992 the Estimate Committee of Parliament in their 19th Report desired as much.

2. The then existing system of administration of justice in these armed services provided for the submission of statutory complaints against grievances relating to service matters and pre and post confirmation petitions to various authorities against the findings and sentences of courts-marital. The establishment of an independent Armed Forces Tribunal was, thus, conceived to fortify the trust and confidence amongst the members of the three services. A Bill was introduced to provide for judicial

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2023 Supreme(SC) 256

SANJAY KISHAN KAUL, ABHAY S. OKA, B. V. NAGARATHNAUnion Of India – AppellantVersusParashotam Dass – Respondent

What is the applicability of Article 226 writ jurisdiction to challenge Armed Forces Tribunal orders?

What is the scope and limit of High Court judicial review over Armed Forces Tribunal decisions under Article 226 and 227?

What is the interplay between Sections 30-31 of the Armed Forces Tribunal Act and the right to appeal to the Supreme Court?

SANJAY KISHAN KAUL, ABHAY S. OKA, B. V. NAGARATHNA
Union Of India – Appellant
Versus
Parashotam Dass – Respondent