M.A. No. 203 of 2012 in O.A. No. 147 of 2010. Case: Brig. P.S. Gill Vs Union of India and Others. Armed Forces Tribunal
| Case Number | M.A. No. 203 of 2012 in O.A. No. 147 of 2010 |
| Judges | Mr. Manak Mohta, Judicial Member and Lt. Gen. S.S. Dhillon, Administrative Member |
| Issue | Armed Forces Tribunal Act 2007 - Sections 14, 15, 31 |
| Judgement Date | May 30, 2012 |
| Court | Armed Forces Tribunal |
Order:
(Principal Bench At New Delhi)
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The present M.A. bearing No. 203/2012 has been filed by the respondents on 13.04.2012 under Section 31 of the Armed Forces Tribunal Act, 2007, seeking leave to appeal before the Hon'ble Apex Court, against the judgment and order passed by this Tribunal in O.A. No. 147/2010 on 24.05.2011, by which his application was allowed and all the charges levelled against him were quashed. It is submitted by learned counsel for the respondents that against the said judgment, appeal bearing No. 564/2012 was filed before the Hon'ble Apex Court. Since the respondents have approached the Hon'ble Apex Court without seeking leave of this Tribunal certifying that the points of law of general public importance are involved in the decision as provided under Section 31 of the Armed Forces Tribunal, 2007, the aforesaid criminal appeal was dismissed by the Hon'ble Supreme Court vide order dated 23.03.2012 reserving liberty to the respondents to take recourse to Section 31 of the AFT Act. In pursuance of the order of the Hon'ble Apex Court dated 23.03.2012 (Annexure MA-2), the present application has been filed.
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Learned counsel for the respondents, in support of his application, submitted that in this case the material issues raised before this Tribunal were whether the charges against an officer can be quashed by the Tribunal while exercising jurisdiction under Section 14 and 15 of the Act prior to the General Court Martial having taken place. Likewise, the issue of entertainability of the applicant was also raised. During the course of submissions, learned counsel for the respondents further submitted that this Tribunal was not having jurisdiction to quash the charges at this stage, therefore, the decision given by the tribunal involves a point of law pertaining to general public importance and for that permission under Section 31 of the AFT Act, 2007 is sought and the same deserves to be granted.
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Learned counsel for the applicant refuted the contentions raised by learned counsel for the respondents and further submitted that by way of the aforesaid O.A. the applicant has challenged the very convening order of the General Court Martial (GCM) as well as the charges levelled against the applicant and on the basis of facts and circumstances that there was no material at all to proceed under the GCM proceedings. He further stated that the Tribunal, while considering the matter in detail, has quashed the charges levelled...
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