Section 25 of Armed Forces Tribunal Act, 2007: Right to Legal Practitioner and Government Counsel

Section 25 of the Armed Forces Tribunal Act, 2007 gives a person making an application or preferring an appeal before the Armed Forces Tribunal the choice either to appear personally or to take assistance from a legal practitioner of his choice. It also enables the Central Government or the prescribed competent authority to authorize legal practitioners or law officers to act as counsel.

In simple terms: an applicant or appellant before the AFT does not have to be represented by counsel. The person may appear in person or choose a legal practitioner. The Government side may be represented by authorized legal practitioners or law officers.

What does Section 25 of the AFT Act provide?

Section 25 is a procedural provision in Chapter IV of the Armed Forces Tribunal Act, 2007. It addresses representation before the Tribunal for both the person bringing the application or appeal and the Government or competent authority defending the proceeding.

Text of Section 25 - Right to legal practitioner and Government counsel

(1) A person making an application or preferring an appeal to the Tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.

(2) The Central Government or the competent authority, as may be prescribed, may authorise one or more legal practitioners or any of its law officers to act as counsel and every person so authorised by it may present its case with respect to any application or appeal, as the case may be, before the Tribunal.

Section 25(1): Right of applicant or appellant to appear in person

Section 25(1) expressly permits a person making an application or filing an appeal before the Tribunal to appear in person. Legal representation is therefore not made compulsory by this provision.

The same sub-section also recognizes the person's right to take the assistance of a legal practitioner of his choice to present the case before the Tribunal.

Meaning of legal practitioner under Section 25

Section 25 uses the expression "legal practitioner" without creating a separate definition in that section. In practical terms, the provision recognizes professional legal representation before the Tribunal in accordance with the applicable law and procedural rules governing appearance and practice.

Important: Section 25 establishes the right of representation, but filing requirements, authorization documents, forms, procedure and other practice-related matters remain subject to the AFT Act and the applicable rules and practice directions.

Section 25(2): Government and competent authority may appoint counsel

Sub-section (2) enables the Central Government or the competent authority, as may be prescribed, to authorize one or more legal practitioners or any of its law officers to act as counsel before the Tribunal.

A person so authorized may present the Government's or competent authority's case in relation to an application or appeal before the Tribunal.

Difference between appearing in person and engaging counsel

Appearance in person: the applicant or appellant personally presents the case before the Tribunal.
Appearance through a legal practitioner: the applicant or appellant chooses a legal practitioner to assist in presenting the case.
Government representation: the Central Government or prescribed competent authority may authorize legal practitioners or law officers to act as counsel.

How Section 25 fits with other AFT provisions

Section 25 should be read with the other procedural provisions in Chapter IV. For example, Section 23 deals with the procedure and powers of the Tribunal, while Section 26 regulates the making of interim orders.

Practical points for representation before the AFT

A person approaching the Tribunal should decide whether to appear personally or through a legal practitioner and should comply with the filing, authorization and procedural requirements applicable to the chosen mode of representation.

Where counsel is engaged, the relevant authorization or appearance document should be filed in the manner required by the Tribunal's applicable procedure. Government counsel must likewise be duly authorized by the Central Government or the competent authority.

Official legal references

India Code - Armed Forces Tribunal Act, 2007: Official Act page on India Code

Armed Forces Tribunal, Principal Bench: AFT Act and Rules

Related provisions

Also read Section 23 - Procedure and powers of the Tribunal, Section 24 - Term of sentence and its effect on appeal and Section 26 - Condition as to making of interim order.