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2019 (2) TMI 1634 - SC - Indian LawsConstitution of a permanent Bench of Armed Forces Tribunal in the State of Uttarakhand - the Union of India is in appeal contended that volume of work (220 case) does not justify setting up of a permanent Bench - HELD THAT - The issue with regard to setting up of a permanent Bench and continuation of circuit benches of the Tribunal ought not to be the subject matter of determination by a judicial forum unless the facts of the case are so appalling that judicial interference will be called for - The present is not such a case. The order of the High Court is set aside with the direction to the appellant-Union of India to take all necessary steps to ensure that the cases pertaining to the State of Uttarakhand pending before the Armed Forces Tribunal are heard and disposed of by the circuit bench as expeditiously as possible. Appeal allowed.
Issues: Establishment of a permanent Bench of Armed Forces Tribunal in the State of Uttarakhand.
In the judgment delivered by the Supreme Court of India, the issue revolved around the establishment of a permanent Bench of the Armed Forces Tribunal in the State of Uttarakhand. The High Court of Uttarakhand had directed the establishment of such a Bench, which was challenged by the Union of India on the grounds that the volume of work did not justify the need for a permanent Bench as there were only 220 cases. The Supreme Court, after considering the matter, held that the decision regarding the establishment of a permanent Bench should not solely be a judicial determination unless exceptional circumstances warrant it. The Court emphasized that the present case did not meet such criteria. Consequently, the appeal was allowed, and the order of the High Court was set aside. The Union of India was directed to ensure that cases from Uttarakhand pending before the Armed Forces Tribunal are heard and disposed of expeditiously by the circuit bench. In a separate order by Justice Sanjiv Khanna, special leave to appeal was granted in terms of the signed order, leading to the disposal of all pending applications related to the case.
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