VIJAY PRAKASH THAPA Vs. UNION OF INDIA

JUDGEMENT

(1.) (Interim Relief Application No. 5135 of 2012) By means of this writ petition, the petitioner has sought the following relief: -

(2.) LEARNED counsel appearing for the Union of India, Mr. Vikas Pande, has raised a preliminary objection and submitted that now the jurisdiction to decide the controversy involved in the present writ petition is vested in the Armed Forces Tribunal, which has already been established.

(3.) I have perused the provisions of Section 14 and Section 34 of the Armed Forces Tribunal Act, 2007. Sub -section (1) of Section 14 of the Armed Forces Tribunal Act, 2007 reads as under: - "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." Section 34 of the Armed Forces Tribunal Act, 2007 reads as under: -