LALIT KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Petitioner is an ex-serviceman and a practicing Advocate. Present petition has been filed for establishment of a permanent Bench of Armed Forces Tribunal in the State of Uttarakhand. According to the averments made in the petition, it is difficult for the serving as well as retired ex-servicemen to have access to the Armed Forces Tribunal at Lucknow. The Central Government has constituted Armed Forces Tribunal, Regional Bench, Lucknow, vide notification dated 9th November, 2009. The Regional Bench has jurisdiction over the States of Uttar Pradesh, Madhya Pradesh, Uttarakhand and Chhattisgarh. It was proposed to hold Circuit Bench at Jabalpur (M.P.), Nainital (Uttarakhand) and Raipur (Chhattisgarh). According to the counter affidavit, total 220 cases (OA-104 and TA116) of the Uttarakhand State were pending at Armed Forces Tribunal, Regional Bench, Lucknow. It has also come in reply that the Armed Forces Tribunal, Regional Bench, Jabalpur has been constituted w.e.f. 09.05.2016 vide SRO 2 (E) dated 03.05.2016 with the jurisdiction within the territorial limits of the State of Chhattisgarh and Madhya Pradesh. The Armed Forces Tribunal Act, 2007 (hereinafter referred to as the Act) has come into existence in view of the observations made by the Hon'ble Supreme Court in the case of Lt. Col. Prithi Pal Singh Bedi & Ors. vs. Union of India and Ors., (1982) AIR SC 1413. Para-45 of the judgment reads as under:

(2.) The Statement of objects and reasons of the Act reads as under:

(3.) In view of the above, it is proposed to enact a new legislation by constituting an Armed Forces Tribunal for the adjudication of complaints and disputes regarding service matters and appeals arising out of the verdicts of the courts-martial of the members of the three services (Army, Navy and Air Force) to provide for quicker and less expensive justice to the members of the said Armed Forces of the Union.