Hon'ble Apex Court Rules : Armed Force Tribunal Has The Power To Interfere With A Finding Of Court-Martial If There Is Any Material Irregularity

The Apex Court recently observed that the Armed Forces Tribunal has the jurisdiction to interfere with the findings of a court-martial and upheld the setting aside of his conviction and reinstated him as well.

The court further opined that a conviction that is solely based on an extra-judicial confession without any corroboration is unjustified.

In this case, an army officer was court-martial held for alleged corruption U/S. 7 of Prevention of Corruption Act of 1988 Section 69 of Army Act and was sentenced to rigorous imprisonment for a year.

This General Court Martial was challenged in the Armed Forces Tribunal, Kochi wherein the conviction was set aside and the Tribunal ordered the reinstatement of the officer, but found him guilty U/S. 63 of Army Act for violation of good order and indiscipline and this resulted in forfeiture of his rank as major.

Aggrieved, the Union of India approached the Supreme Court challenging the order passed by the AFT that set aside the conviction.

However, the Court did not agree with the contention and ruled that the Armed Forces Tribunal has the power to interfere with the court-martial.

The court also noted that the petitioner does not have the power to declare a candidate medically unfit on his own and the same was done by a whole medical team.

Therefore, the Top Court upheld the order that set aside the conviction and directed that the petitioner officer be reinstated to service.

Title: Union of India Vs. Major R. Metri

Case No.: Crl. Appeal No.: 2196/2017