Section 27 of Armed Forces Tribunal Act, 2007: Power of Chairperson to Transfer Cases Between Benches

Section 27 of the Armed Forces Tribunal Act, 2007 empowers the Chairperson of the Armed Forces Tribunal to transfer a case pending before one Bench to another Bench. The power may be exercised on the application of a party or by the Chairperson on his own motion.

In simple terms: a pending AFT case can be moved from one Bench to another by the Chairperson. If a party asks for the transfer, notice must be given to the parties concerned and the Chairperson may hear such parties as he considers appropriate. The Chairperson may also transfer a case on his own motion without such notice.

What does Section 27 of the AFT Act provide?

Section 27 is a procedural provision in Chapter IV of the Armed Forces Tribunal Act, 2007. It deals specifically with transfer of a pending case from one Bench of the Tribunal to another Bench.

The provision centralizes the statutory transfer power in the Chairperson rather than leaving transfer between Benches to the individual Bench before which the case is pending.

Text of Section 27 - Power of Chairperson to transfer cases from one Bench to another

On the application of any of the parties and after notice to the parties concerned, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench for disposal, to any other Bench.

Transfer on the application of a party

A party to a pending case may seek transfer from one AFT Bench to another. Where the transfer power is invoked on a party's application, Section 27 expressly requires notice to the parties concerned.

After notice, the Chairperson may hear such of the parties as he may desire to be heard before deciding whether the case should be transferred.

Transfer on the Chairperson's own motion

Section 27 also authorizes the Chairperson to transfer a pending case on his own motion. The statutory text expressly permits this course without the notice required when a transfer application is made by a party.

Important distinction: Section 27 creates two routes for transfer: an application by a party, which carries the statutory notice requirement, and transfer by the Chairperson on his own motion, for which the section states that such notice is not required.

What does "Bench" mean in the AFT Act?

Under the Armed Forces Tribunal Act, the Tribunal exercises its jurisdiction, powers and authority through Benches constituted under the Act. Section 27 concerns movement of a pending case from one such Bench to another Bench for disposal.

Who has the power to transfer an AFT case?

The statutory power under Section 27 is vested in the Chairperson of the Armed Forces Tribunal. Official AFT decisions have also recognized that transfer from one Bench to another under Section 27 is a power of the Chairperson.

Relationship with the AFT Procedure Rules

Section 27 should be read with the applicable Armed Forces Tribunal procedural rules governing where applications are ordinarily filed and how proceedings are administered. Those rules address matters such as the place of filing, while Section 27 provides the statutory power to transfer a pending case between Benches.

Practical points in a transfer request

Identify the pending case and the Bench before which it is presently listed.
Specify the Bench to which transfer is sought.
State clearly the grounds relied on for seeking transfer.
Comply with the applicable filing and service requirements.
Where the transfer is sought by a party, the statutory requirement of notice to the parties concerned applies.

Relationship with nearby AFT provisions

Section 27 follows Section 26, which regulates interim orders, and is followed by Section 28, which deals with decisions by majority.

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 25 - Right to legal practitioner and Government counsel, Section 26 - Conditions for interim orders, Section 28 - Decision to be by majority and Section 29 - Execution of order of Tribunal.