UNION OF INDIA (UOI) AND ORS. Vs. SHRI KANT SHARMA AND ORS.

JUDGEMENT

(1.) In these appeals the question raised is whether the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the 'act'), against an order of Armed Forces Tribunal (hereinafter referred to as the 'Tribunal') with the leave of the Tribunal under Section 31 of the Act or leave granted by the Supreme Court, or bar of leave to appeal before the Supreme Court under Article 136(2) of the Constitution of India, will bar the jurisdiction of the High Court under Article 226 of the Constitution of India regarding matters related to Armed Forces.

(2.) At the outset, in all the writ petitions preliminary objection was raised on behalf of the Union of India as to the maintainability of the writ petition on the ground that against the orders impugned a remedy of appeal to the Supreme Court is provided under Section 30 of the Armed Forces Tribunal Act, 2007.

(3.) Learned counsel appearing on behalf of the Union of India submitted that the High Court cannot entertain writ petitions under Article 226 of the Constitution of India contrary to the law enacted by the Parliament being the Armed Forces Tribunal, 2007 which is a special enactment exclusively provided for an appellate remedy by way of leave before this Court.