WING COMMANDER SHYAM NAITHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue that arises for consideration in the present batch of matters is whether the power of Judicial Review, a basic feature of the Constitution of India conferred upon the High Courts under Articles 226 and 227 has been taken away totally in view of the judgment passed by the Supreme Court in Union of India and Ors. vs. Maj. Gen. Shri Kant Sharma and Anr., (2015) 6 SCC 773 thereby denying litigants the right to approach High Court in writ jurisdiction against the judgment and orders passed by Armed Forces Tribunal.

(2.) While learned counsel for the petitioners stated that a coordinate Division Bench of this Court in Brijlal Kumar and Ors. vs. Union of India and Ors., W.P.(C) 98/2020 decided on 24/11/2020 has held that a writ petition is maintainable against the final order passed by Armed Forces Tribunal, learned counsel for the Respondents stated that the said judgment is per incuriam as it is contrary to the judgment passed by the Apex Court in Union of India and Ors. vs. Maj. Gen. Shri Kant Sharma and Anr.(supra) and the said judgment has not been set aside/overruled till date. PRELIMINARY OBJECTION ON BEHALF OF THE RESPONDENTS

(3.) Mr.Harish Vaidyanathan Shankaras well as Mr. Anurag Ahluwalia, learned counsel for Union of India while relying upon Union of India and Ors. vs. Maj. Gen. Shri Kant Sharma and Anr (supra) submitted that the Supreme Court has specifically held that High Courts should not entertain writ petitions against judgments passed by Armed Forces Tribunal as the parties have an alternative effective remedy of filing an appeal before the Supreme Court under Armed Forces Tribunal Act, 2007. In support of their submission, they relied upon the following portion of the said judgment, wherein it has been held as under: -