SC Overruled its Earlier Stand Barring Writ Jurisdiction of HCs against the Orders of AFT

The Supreme Court (SC), dealing with the issue of whether the order passed by the Armed Force Tribunal (AFT) would be amenable to challenge in writ jurisdiction under Art. 226 of the Constitution before any High Court (HC), said that it is unable to appreciate its earlier observations which put an embargo on the HC’s writ jurisdiction. Therefore, relying on the principle that HC could grant appropriate relief when “the said proceedings resulted in denial of fundamental rights….., or if the proceedings suffer from jurisdictional error or an error of law……” the SC made the AFT orders subject to Art. 226.