INDRA KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is aggrieved of proceedings of the Summary General Court Martial and findings recorded by the said Court on 10.05.2004 whereby the petitioner has been sentenced for life imprisonment and dismissal from service and the same has been confirmed by the confirming authority.

(2.) During pendency of the matter, the respondents have filed the application being MP No. 01/2015, seeking transfer of the petitions to the Armed Forces Tribunal, Chandigarh Circuit Bench, at Jammu, to which the objections have been filed by the petitioner/non-applicant herein.

(3.) Learned counsel for the applicants/respondents insists that the writ petitions in hand, in view of the enactment of the Armed Forces Tribunal Act, 2007, is required to be transferred to Armed Forces Tribunal, Chandigarh Circuit Bench, at Jammu for its disposal in accordance with law. It is stated that the petitions could not be earlier so transferred as Tribunal constituted vide Notification SRO 9(E) dated 07.08.2009, did not have a Bench to deal with the cases arising within the territorial limits of Jammu and Kashmir State, and that the Bench at Chandigarh having been constituted vide Notification SRO 17(E) dated 10.11.2009 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. Subsequently, the Circuit Bench at Jammu has also been established and the same is functioning in Jammu.