The Delhi High Court has sought the Defence Ministry’s stand on whether the Armed Forces Tribunal (AFT) can examine the constitutional validity of laws beyond the Armed Forces Tribunal Act, 2007, while hearing the plea of a transgender Navy officer who challenged her discharge from service after undergoing sex reassignment surgery.
A Full Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justices C Hari Shankar and Om Prakash Shukla said the issue carried wide implications for personnel across the Army, Navy and Air Force, and directed that the ministry’s position be placed before the court by its top officer.
“We clarify that since this matter may have an impact over the personnel of all the Armed Forces, we provide that the instructions in the matter shall be provided to lear

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