Section 30 of Armed Forces Tribunal Act, 2007: Appeal to Supreme Court
Section 30 of the Armed Forces Tribunal Act, 2007 deals with appeals from the Armed Forces Tribunal to the Supreme Court of India. For ordinary final decisions or orders of the Tribunal, Section 30 must be read together with the leave requirements in Section 31. Section 30 also creates a separate appeal as of right from an AFT order or decision made while exercising contempt jurisdiction.
What Section 30 provides
- Final AFT decisions: An appeal may lie to the Supreme Court against a final decision or order of the Tribunal, except an order passed under Section 19, and subject to Section 31.
- General appeal period: Section 30(1) states a period of 90 days from the Tribunal decision or order.
- No appeal from interlocutory orders: The second proviso to Section 30(1) expressly excludes an appeal against an interlocutory order.
- Contempt jurisdiction: An appeal lies as of right from an AFT order or decision made in exercise of its contempt jurisdiction, and the statutory period is 60 days.
- Suspension or bail in contempt appeal: Pending a Section 30(2) appeal, the Supreme Court may suspend execution of the punishment or order, or release an appellant in confinement on bail. The Tribunal may exercise corresponding powers where the appellant satisfies it that an appeal is intended.
Text of Section 30: Appeal to Supreme Court
Section 30(1). Subject to the provisions of section 31, an appeal shall lie to the Supreme Court against the final decision or order of the Tribunal (other than an order passed under section 19):
Provided that such appeal is preferred within a period of ninety days of the said decision or order:
Provided further that there shall be no appeal against an interlocutory order of the Tribunal.
Section 30(2). An appeal shall lie to the Supreme Court as of right from any order or decision of the Tribunal in the exercise of its jurisdiction to punish for contempt:
Provided that an appeal under this sub-section shall be filed in the Supreme Court within sixty days from the date of the order appealed against.
Section 30(3). Pending any appeal under sub-section (2), the Supreme Court may order that:
(a) the execution of the punishment or the order appealed against be suspended; or
(b) if the appellant is in confinement, he be released on bail.
Where an appellant satisfies the Tribunal that he intends to prefer an appeal, the Tribunal may also exercise the powers referred to in clauses (a) and (b), as applicable.
Section 31: Leave to appeal to the Supreme Court
The words "Subject to the provisions of section 31" in Section 30(1) are important. Section 31 provides the leave mechanism for an appeal to the Supreme Court. The Tribunal may grant leave where it certifies that the decision involves a point of law of general public importance. Section 31 also recognizes the Supreme Court's power to permit the appeal where the Court considers that the point is one which ought to be considered by it.
Under Section 31(2), an application to the Tribunal for leave to appeal must be made within 30 days beginning with the date of the Tribunal's decision. If the Tribunal refuses leave, an application to the Supreme Court for leave must be made within 30 days beginning with the date of refusal.
The Supreme Court has explained in Union of India v. Brigadier P.S. Gill that an ordinary appeal under Section 30 cannot bypass the procedure prescribed by Section 31. In practical terms, the leave requirement should therefore be addressed at the outset.
Section 32: Condonation and extension of time
Section 32 empowers the Supreme Court, on an application by the appellant, to extend the time within which an appeal may be preferred under Section 30 or under Section 31(2). A delayed filing should therefore be accompanied, where required, by an appropriate application explaining the delay.
Appeal periods at a glance
| Provision | Nature of proceeding | Statutory period | Important condition |
|---|---|---|---|
| Section 30(1) | Appeal against final AFT decision or order, other than an order under Section 19 | 90 days | Subject to Section 31; no appeal against an interlocutory order |
| Section 30(2) | Appeal from AFT contempt jurisdiction | 60 days | Appeal lies as of right |
| Section 31(2) | Application to AFT for leave to appeal | 30 days | Runs from the date of the Tribunal decision |
| Section 31(2) | Application to Supreme Court after AFT refuses leave | 30 days | Runs from the date leave is refused by the Tribunal |
| Section 32 | Application for extension of time | As permitted by Supreme Court | Requires an application by the appellant |
How an AFT appeal reaches the Supreme Court
In a case covered by Section 30(1), the statutory route should be read together with Section 31. An aggrieved party should identify whether the AFT decision is final, determine the applicable limitation period, and move the Tribunal for leave within the period prescribed by Section 31(2). If leave is refused, the Act permits an application to the Supreme Court for leave within the further period stated in Section 31(2). The Supreme Court's filing requirements should also be checked before institution.
The Supreme Court's current filing checklist specifically notes that, in appeals under the Armed Forces Tribunal Act, 2007, the petitioner or appellant should have moved the Armed Forces Tribunal for a certificate granting leave to appeal. Filing practice is also governed by the Supreme Court Rules, 2013, as amended from time to time.
Official legal resources
- India Code - Armed Forces Tribunal Act, 2007
- Supreme Court of India - Supreme Court Rules
- Supreme Court of India - Filing checklist and default list guidance
Frequently asked questions
Can every AFT order be appealed to the Supreme Court?
No. Section 30(1) applies to final decisions or orders and expressly states that there is no appeal against an interlocutory order. The ordinary final-order appeal is also subject to Section 31.
Is an appeal under Section 30(1) automatic?
No. The statutory text makes Section 30(1) subject to Section 31. The leave procedure in Section 31 must therefore be considered for an ordinary appeal from a final AFT decision.
What is different about a contempt appeal?
Section 30(2) provides an appeal as of right from an order or decision made by the Tribunal in exercise of its jurisdiction to punish for contempt. The stated filing period is 60 days.
Can delay be condoned?
Section 32 authorizes the Supreme Court, upon an application by the appellant, to extend the time for an appeal under Section 30 or an application under Section 31(2).