Supreme Court of India · 2015-03-11
Union Of India & Ors vs Major General Shri Kant Sharma & Anr
- Citation / case number
- AIR 2015 SUPREME COURT 2465
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Major General Shri Kant Sharma & Anr
- Bench
- Sudhansu Jyoti Mukhopadhaya, N.V. Ramana
Judgment text excerpt
The Supreme Court addressed the jurisdictional conflict between the Armed Forces Tribunal Act, 2007 and the High Court's power under Article 226 of the Constitution. It held that the right of appeal under Section 30 of the Armed Forces Tribunal Act does not bar the High Court's jurisdiction to entertain writ petitions under Article 226, as judicial review is a fundamental aspect of the Constitution. The Court emphasized that Section 14 of the Act allows for such judicial review, affirming the High Court's authority to adjudicate matters concerning Armed Forces personnel despite the existence of a statutory appellate remedy.