Sumitra Devi v. Union of India & Ors.

Mr. M.C. Pant, Advocate for the petitioner. Mr. Vikas Pande, Standing Counsel for the Union of India. Hon(cid:146)ble Sudhanshu Dhulia, J. Heard learned counsels for the parties. A primary objection has been raised in this writ petition by the learned counsel for the Union of India stating that after the constitution of Armed Forces Tribunal, which has been constituted under the Armed Forces Tribunal Act, 2007 and is now presently functional, the matter be transferred to the Tribunal. Sri M.C. Pant, learned counsel for the petitioner, however, stated that the petitioner is not an army personnel but is a dependent and, therefore, she should not be relegated to the Tribunal. The contention of the petitioner is wholly misplaced in view of Section 34 of the Armed Forces Tribunal Act,

2007. Section 34 reads as under :- (cid:147)34. Transfer of pending cases. (cid:150) (1) Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within jurisdiction of such Tribunal, stand transferred on that date to such Tribunal. (2) Where any suit, or other proceeding stands transferred from any court including a High Court 2 or other authority to the Tribunal under sub-section (1), - (a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Tribunal; (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same manner as in the case of an application made under sub-section (2) of section 14 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit. (cid:148) Therefore, the matter can be taken cognizance by the Tribunal as per the statute itself. Registry is hereby directed to transfer the records of the present case in accordance with Section 34 of the Armed Forces Tribunal Act, 2007 to the Armed Forces Tribunal, near Governor Hous, Rafi Ahmad Kidwai Marg, Lucknow for its disposal. (Sudhanshu Dhulia, J.)

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