Page 89 - 5_COMPENDIUM VOL-5

SUPREME COURT Important Judgements

30 and 31 of the said Act, and Article 136(2) of the Constitution, while regards adjudication of a certain category of matters in the writ

dealing with leave to appeal, also put such a restriction. jurisdiction of the High Court, was only to facilitate smoother

administration of justice.
20. Learned counsel sought embargo from the High Court exercising

jurisdiction under Article 226 of the Constitution in the following cases: 23. Lastly, it was submitted that the nature of the Armed Forces

i) All cases related to Courts of Inquiry, Court(s) Martial, and Tribunal must be kept in mind, which is distinct from a normal
Discipline;
administrative tribunal under Article 323A or other tribunals under
ii) All cases related to pension and other retirement benefits,
Article 323B of the Constitution and, thus, the High Court should not in
tenure, promotion, retirement, administrative termination of
service, such as in cases involving moral turpitude, and
routine interfere with the orders of the Armed Forces Tribunal under
leave;

Article 226 seeking to exercise the jurisdiction akin to say a Central
iii) Matters pertaining to the Official Secrets Act; and
Administrative Tribunal.
iv) Cases relating to espionage/sabotage.

Our observations:

21. The submission was that all disciplinary cases, including courts-
24. We have given thought to the matter, keeping in mind the last

martial, which may mandate re-appreciation of evidence may be kept out
aspect emphasized by the learned Additional Solicitor General, dealing

of the purview of the exercise of the High Court’s jurisdiction. The
with the importance of the Armed Forces Tribunal, and its jurisdiction

same may amount to a second criminal appeal.
being distinct from other tribunals. We are conscious of the importance

of the role performed by the Armed Forces and the discipline level
22. An additional plea was made that nothing said in the present

required by these services. Thus, often many jurisprudential principles
judgment should be read as amounting to diluting the jurisdiction of the

of other tribunals cannot be imported into the decisions of the Armed
Supreme Court, which would remain intact. Thus, the observation, as

Forces Tribunal. The Armed Forces have their own rules and

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