Can the decision of the AFT be challenged in a higher court?

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Answer By law4u team

Yes, the decision of the Armed Forces Tribunal (AFT) can be challenged in a higher court. According to the Armed Forces Tribunal Act, 2007, an appeal can be made to the Supreme Court of India against the decision of the AFT. Any person aggrieved by the decision or order of the AFT may file an appeal before the Supreme Court within ninety days from the date of communication of the decision or order. The appeal should be in the form of a memorandum of appeal, and it should state the grounds on which it is filed. The appeal should also be accompanied by a certified copy of the decision or order of the AFT, along with other relevant documents. It is important to note that the appeal to the Supreme Court can be made only on a question of law. The Supreme Court can either uphold or set aside the decision of the AFT or modify it as it deems fit. In addition to the Supreme Court, it is also possible to challenge the decision of the AFT on certain grounds before the High Court. This can be done by filing a writ petition under Article 226 of the Constitution of India. However, the grounds for challenging the decision of the AFT before the High Court are limited and depend on the facts of the case.

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