D.K. PRADHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are aggrieved with common order/findings and sentence dated 12th May 2006 recorded by General Court Martial whereby petitioners have been awarded punishment to suffer rigorous imprisonment for three years and dismissal from service. They, through medium of writ petitions on hand, throw challenge to Court Martial process and sentence on the grounds urged in respective petitions. Learned counsel for respondents insists that writ petition on hand in wake of enactment of Armed Forces Tribunal Act, 2007, is required to be transferred to Armed Forces Tribunal, Chandigarh Bench, for its disposal in accordance with law. It is stated that petition could not be earlier so transferred as Tribunal constituted vide Notification SRO 9(E) dated 7th August 2009 did not have a Bench to deal with the cases arising within territorial limits of Jammu and Kashmir State, and that Bench at Chandigarh having been constituted vide Notification SRO 17(E) dated 10th November 2009 at Chandigarh with jurisdiction, amongst other States, to the territorial limits of Jammu and Kashmir State, there is no impediment in its transfer, so that purpose of the Act is served and parties allowed its benefit.

(2.) Learned counsel for petitioner opposes prayer for transfer of the case to Armed Forces Tribunal, Chandigarh Bench, on the ground that Act does not exclude jurisdiction of the High Court under Article 226, Constitution of India and therefore, High Court has jurisdiction to deal with and dispose of the petition.

(3.) Heard and considered.