AMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) A reference has been made in the aforementioned case of Amar Singh Ex NB Sub &ors to determine whether the right of Appeal against the Final Orders of the Armed Forces Tribunal under Ss. 30 and 31 of the Armed Forces Act, 2007 (Hereinafter referred to as Act, 2007), excludes the remedy of Judicial Review by the High Court in exercise of its Writ Jurisdiction. It reads as under:

(2.) In both the above referred cases, the petitioner had filed a Writ petition in this Court to challenge the orders of the Armed Forces Tribunal.

(3.) That the writ jurisdiction of the High Courts for Judicial Review is not completely ousted by the statutory Appeal mechanism provided under Ss. 30 and 31 of the Act, 2007 is no longer res integra, in view of the decision of the Supreme Court in Balkrishna Ram vs Union of India and anr. (2020) 2 SCC 442.