SMT. GULKANDI DEVI AND ANOTHER v. UNION OF INDIA AND 2 OTHERS
WRIA/2060/2025 · 2025-04-20
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19814 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19814 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:58783 Court No. - 4 Case :- WRIT - A No. - 2060 of 2025 Petitioner :- Smt. Gulkandi Devi And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Sunil Kumar I Counsel for Respondent :- A.S.G.I.,Pooja Agarwal Hon'ble Ajit Kumar,J.
1. Heard Mr. Sunil Kumar-I, learned counsel for the petitioners and Ms. Pooja Agarwal, learned counsel appearing for the respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioners have sought a writ of mandamus to command the respondents to comply with the directions issued by Armed Forces Tribunal, Regional Branch, Lucknow in Original Application No. 605 of 2018 dated 13.10.2021.
3. Considering the relief claimed in the present petition whereby petitioners have sought a direction for enforcement of the order passed by Armed Forces Tribunal, this Court vide order dated 04.04.2025 enquired from learned Additional Solicitor General of India as to whether the Armed Forces Tribunal does possess the power of contempt or not.
4. Today, Ms. Pooja Agarwal has placed an order of Full Bench of Armed Forces Tribunal, Principal Bench, New Delhi wherein the Tribunal has held that looking to the provisions contained under Section 19 of Arms Forces Tribunal Act, 2007, the power of contempt would certainly be enforceable.
5. In view of the above, since for enforcement of the order of Armed Forces Tribunal the petitioner has remedy to file contempt petition before the Armed Forces Tribunal, I decline to grant indulgence in the matter. However, petitioner may have liberty to avail the remedy of contempt or any other appropriate remedy as available to him before the Armed Forces Tribunal.
6. Subject to aforesaid liberty, this petition is consigned to record. Order Date :- 21.4.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad