Section 26 of Armed Forces Tribunal Act, 2007: Conditions for Interim Orders
Section 26 of the Armed Forces Tribunal Act, 2007 lays down mandatory safeguards for interim orders, including injunctions, stays and other temporary relief. As a general rule, the opposing party must receive the application or appeal and supporting documents and must be given an opportunity of being heard before interim relief is granted.
What does Section 26 of the AFT Act provide?
Section 26 is a procedural safeguard in Chapter IV of the Armed Forces Tribunal Act, 2007. It regulates interim orders made during an application, appeal or related proceeding before the Tribunal.
The section begins with a non-obstante clause and therefore applies notwithstanding anything contained elsewhere in the AFT Act or in any other law for the time being in force.
Text of Section 26 - Condition as to making of interim order
(1) Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on an application or appeal, or in any proceeding relating thereto, unless -
(a) copies of such application or appeal, as the case may be, and all documents in support of the plea for such interim order are furnished to the party against whom such application or appeal, as the case may be, is made or proposed to be made; and
(b) opportunity of being heard is given to the other party in the matter:
Provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or to the appellant, as the case may be.
(2) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on an application or appeal or in any proceeding relating thereto under sub-section (1), without -
(a) furnishing to such party copies of such application or appeal, as the case may be, and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, and making an application to the Tribunal for the vacation of such order and furnishing a copy of such application or appeal, as the case may be, to the party in whose favour such order has been made or the counsel of such party, the Tribunal shall dispose of the application within a period of fourteen days from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the Tribunal is closed on the last day of that period, before the expiry of the next working day; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next working day, stand vacated.
Section 26(1): Notice and hearing before interim relief
Section 26(1) creates the general rule that an interim order should not be made unless the opposite party has been supplied with copies of the application or appeal and all documents relied on in support of the interim-relief request.
The opposite party must also be given an opportunity of being heard. These two requirements are designed to ensure procedural fairness before temporary relief affects the rights or position of the other side.
What is an interim order under Section 26?
Section 26 expressly covers an interim order made by way of injunction, stay or in any other manner. An interim order is temporary relief granted during the pendency of the main application, appeal or related proceeding and operates until it is modified, vacated, expires by operation of law or the proceeding is finally decided, depending on the terms and circumstances of the order.
Exceptional ex parte interim order
The proviso to Section 26(1) allows the Tribunal to dispense with prior service and hearing as an exceptional measure. This power is not framed as the ordinary procedure.
For such exceptional relief, the Tribunal must be satisfied that an interim order is necessary to prevent loss to the applicant or appellant and must record its reasons in writing.
Section 26(2): Application to vacate an ex parte interim order
Where an interim order has been made without furnishing the relevant papers to the affected party and without hearing that party, Section 26(2) provides a special mechanism for seeking vacation of the order.
The affected party may apply to the Tribunal to vacate the order and must furnish the required copy to the party in whose favour the interim order was made or to that party's counsel.
Fourteen-day rule for disposal of vacation application
The Tribunal must dispose of the application to vacate the interim order within fourteen days from the later of the date on which the application is received or the date on which the required copy is furnished. If the Tribunal is closed on the last day, the statutory period extends to the next working day in the manner stated in Section 26(2).
Meaning of the non-obstante clause in Section 26
The words "Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force" give Section 26 overriding effect for the limited subject it regulates, namely the statutory conditions governing interim orders before the Tribunal.
The clause therefore emphasizes that the procedural safeguards in Section 26 are to be observed even if another provision might otherwise suggest a different general procedure, subject always to the exact statutory context.
Practical requirements for seeking interim relief before the AFT
- Clearly identify the interim relief sought, such as stay, injunction or other temporary protection.
- Serve the application or appeal and supporting documents on the opposite party unless exceptional ex parte relief is sought.
- State the facts showing why interim protection is necessary.
- If ex parte relief is requested, address why the case requires departure from the normal notice-and-hearing rule and why loss would otherwise be caused.
- If challenging an ex parte order, comply promptly with the statutory requirements for the vacation application and service of the relevant copy.
Relationship with other AFT procedural provisions
Section 26 should be read with Section 23, which deals with the Tribunal's procedure and powers, and Section 25, which deals with representation by legal practitioners and Government counsel.
Official legal references
India Code - Armed Forces Tribunal Act, 2007: Official Act page on India Code
India Code - AFT Practice Rules, 2009: Official AFT Practice Rules search
Armed Forces Tribunal, Principal Bench: AFT Act and Rules
Related provisions
Also read Section 24 - Term of sentence and its effect on appeal, Section 25 - Right to legal practitioner and Government counsel and Section 27 - Power of Chairperson to transfer cases.