Execution of AFT orders and appeals to the Supreme Court

Reviewed by Adv. Jyotishwar Bhosale · Updated 10 November 2026

Finality and execution

Section 29 says the order of the Tribunal disposing of an application shall be final, shall not be called in question in any court, and shall be executed accordingly.¹

The Procedure Rules preserve the inherent powers of the Tribunal to make orders or give directions necessary or expedient to give effect to its orders, to prevent abuse of its process or to secure the ends of justice. The Rules also list a Contempt Application among the kinds of application.⁴⁵

Section 19(1) of the Act punishes contempt of the Tribunal by insulting or threatening language, or by causing interruption or disturbance in its proceedings: on conviction, imprisonment up to three years.⁶

The sources read for this page do not set out an execution procedure, a statutory period for compliance, or an express power of the Tribunal to punish disobedience of its orders, so this page says nothing on those points. The position should be checked with an advocate.

Interim orders and review

Section 26(1) says no interim order, whether by way of injunction, stay or otherwise, is to be made on an application or appeal unless copies are furnished and the other side is heard, with an exception where reasons are recorded.⁷

A review application must be filed within 30 days from receipt of a copy of the order, and once a review application has been disposed of, no application for further review lies.⁸

Appeal to the Supreme Court

Section 30(1), which is subject to section 31, allows an appeal to the Supreme Court against the final decision or order of the Tribunal, other than an order under section 19, if preferred within 90 days of the decision or order. It adds that no appeal lies against an interlocutory order.²³

Section 30(2) allows an appeal as of right to the Supreme Court from an order punishing for contempt, and the appeal has to be filed within 60 days from the date of the order.²

Under section 31, an appeal to the Supreme Court lies only with leave. Leave is not to be granted unless the Tribunal certifies that a point of law of general public importance is involved, or the Supreme Court considers that the point should be considered by it. An application to the Tribunal for leave is to be made within 30 days beginning with the date of the decision.³

Under section 32, the Supreme Court may, on an application made at any time by the appellant, extend the time for appeals under section 30 or section 31(2).⁹

In Union of India v. Ram Avtar (order of 10 December 2014), the Supreme Court itself allowed applications for leave to appeal under section 31(1) and condoned delay.¹⁰

Finality of Tribunal orders

Section 29 makes the Tribunal's order final and not to be called in question in any court. Sections 30 and 31 provide an appeal to the Supreme Court.¹²³

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An example of a compliance period

In Ram Avtar, the Supreme Court gave the Union six weeks from the date of the order to comply with its orders and directions. That period belongs to that order and is not a general rule.¹¹

Frequently asked questions

Can I appeal to the Supreme Court against an Armed Forces Tribunal order?

Yes, with leave. Section 30(1), read with section 31, allows an appeal to the Supreme Court against the final decision or order of the Tribunal, other than an order under section 19, with leave of the Tribunal or of the Supreme Court, if preferred within 90 days.²³

Can I appeal against an interim or interlocutory order?

No appeal lies against an interlocutory order of the Tribunal, according to the second proviso to section 30(1).²

Can the Tribunal review its own order?

A review application must be filed within 30 days from receipt of the order, and after one review application has been disposed of, no further review lies under Rule 18.⁸

What if the appeal to the Supreme Court is filed late?

Section 32 says the Supreme Court may, on an application made at any time by the appellant, extend the time for an appeal under section 30 or section 31(2).⁹

What can be done if the department does not comply with an AFT order?

Section 29 says the order is to be executed accordingly. The Procedure Rules list a Contempt Application among the kinds of application and preserve the Tribunal's inherent powers to give effect to its orders. The sources read for this page do not describe an execution procedure beyond that.¹⁵⁴

Is there an appeal if I am punished for contempt of the Tribunal?

Section 30(2) gives an appeal as of right to the Supreme Court from an order punishing for contempt, to be filed within 60 days from the date of the order.²

Sources

AFT Act 2007, section 29 — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 29; section 29 (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 30(1), including both provisos, and 30(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 30(1), including both provisos, and 30(2); section 30(1), including both provisos, and 30(2) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 31(1) and 31(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 31(1) and 31(2); section 31(1) and 31(2) (text as reproduced on Indian Kanoon). Read the source
AFT (Procedure) Rules 2008, Rule 25 — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 25; Rule 25 (text as reproduced on Indian Kanoon). Read the source
AFT (Procedure) Rules 2008, Rule 2(1)(iii), 2(1)(iv) and 2(1)(x) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 2(1)(iii), 2(1)(iv) and 2(1)(x); Rule 2(1)(iii), 2(1)(iv) and 2(1)(x) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 19(1) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 19(1); section 19(1) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 26(1) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 26(1); section 26(1) (text as reproduced on Indian Kanoon). Read the source
AFT (Procedure) Rules 2008, Rule 18(1) and 18(4) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 18(1) and 18(4); Rule 18(1) and 18(4) (text as reproduced on Indian Kanoon). Read the source
AFT Act 2007, section 32 — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 32; section 32 (text as reproduced on Indian Kanoon). Read the source
Union of India v. Ram Avtar (Supreme Court, 2014), order paras 2 and 3 — Union of India v. Ram Avtar, Civil Appeal No. 418 of 2012 and batch, Supreme Court of India, order dated 10 December 2014; Order paras 2 and 3. Read the source
Union of India v. Ram Avtar (Supreme Court, 2014), order para 8 — Union of India v. Ram Avtar, Civil Appeal No. 418 of 2012 and batch, Supreme Court of India, order dated 10 December 2014; Order para 8. Read the source

This page is general information about the law. It is not legal advice and does not create an advocate–client relationship. Laws and rules change; check the current text or consult an advocate about your facts.