The Armed Forces Tribunal (AFT) is empowered under the Armed Forces Tribunal Act, 2007, to substitute the findings of a General Court Martial (GCM) if the findings are excessive, illegal or unjust, the Supreme Court has ruled.
“Thus, under Section 15(6) (a) & (b) of the 2007 Act, the Tribunal (AFT) is empowered to substitute the finding of (General) Court Martial which includes the disciplinary proceedings under the Act and also to interfere with the sentence if the same is found to be excessive, illegal or unjust and to mitigate the punishment awarded,” A Bench of Justice JB Pardiwala and Justice Alok Aradhe said.
The Bench upheld the AFT’s decision to set aside a GCM’s order to dismiss SK Jain—a Commandant of the Northern Command Vehicle Depot, Udhampur—for corruption, illegal possessi