AI Structured Summary
Not yet generated for this judgment
Judgment
C. Hari Shankar, J
On the last date of hearing, we had called upon the learned Counsel for the petitioner to satisfy this Court as to how this writ petition is maintainable before this Court in view of the jurisdiction of the learned Armed Forces Tribunal “the Tribunal”.
After attempting to argue for some time, learned Counsel for the petitioner prays that as has been done by this Court in other cases, this writ petition may be transferred to the Tribunal instead of requiring the petitioner to reinstitute the proceedings as they have been pending before this Court for some time.
Accordingly, in the interest of justice, we direct the Registry to transmit the records of this Court to the Tribunal. The Registry of the Tribunal would number it as a Transferred Application and the matter would be listed before an appropriate Bench for further consideration.
The record of the writ petition before this Court would be treated as the record of the Tribunal and the proceedings would continue from the stage at which they are presently before this Court.
To expedite matters further, we direct the parties to appear before the Tribunal on 9 January 2026.
The writ petition stands disposed of from the record of this Court in the aforesaid terms.
Needless to say, should the petitioner be aggrieved by any decision taken by the Tribunal, the remedies in law would remain reserved with the petitioner.
