Summary
The Union challenged the Armed Forces Tribunal’s decision quashing proceedings for convening a general court martial against a retired Army officer. The Supreme Court held that the challenge to convening the court martial fell within the Tribunal’s original jurisdiction over service matters, although its appellate jurisdiction over court martial orders did not apply. It also declined to disturb the Tribunal’s finding that the material disclosed no prima facie case.
Issues
- Whether the Tribunal had jurisdiction to examine an order convening a general court martial.
- Whether its finding that no prima facie case existed warranted interference.
Provisions considered
- Sections 3(o), 14 and 15, Armed Forces Tribunal Act, 2007An order convening a court martial is not an order of a court martial appealable under section 15. The broad definition of service matters nevertheless brings proceedings capable of terminating service within original jurisdiction under section 14. (¶¶ 11, 12, 13, 14, 15, 16, 17, 18, 19, 20)
Held
- The Tribunal’s appellate jurisdiction did not extend to the convening order, but its original jurisdiction over service matters supported examination of that order. (¶¶ 13, 14, 15, 16, 17, 18, 19, 20)
- The Tribunal had examined the material in finding no prima facie case against the officer; there was no reason to interfere with that finding. (¶ 21)
Result
Appeal dismissed. The Tribunal’s judgment was sustained both as to jurisdiction and its finding that no prima facie case was made out.