The Supreme Court has affirmed that the Armed Forces Tribunal (AFT), under Sections 15(6)(a) and (b) of the Armed Forces Tribunal Act, 2007, is empowered to alter findings of a Court-Martial if those findings are excessive, illegal, or unjust. The Tribunal can also revisit and mitigate the sentence imposed.
This ruling came in an appeal where a court-martial had sentenced an officer to dismissal. The AFT intervened, set aside the dismissal, substituted it with compulsory retirement, and allowed the officer certain pensionary benefits. The Supreme Court upheld that decision.
The Court drew a parallel with provisions in criminal law (like Section 222 of the CrPC), observing that the AFT’s power is akin to allowing a conviction for a lesser or cognate offence based on the same factual matrix, where warranted.
Given the Tribunal’s statutory authority and discretion, the Supreme Court found no error in the AFT’s exercise of power in this case and dismissed the appeal.
