New Delhi [India], October 27 : The Delhi High Court has sought the Defence Ministry's stand on whether the Armed Forces Tribunal (AFT) has the authority to adjudicate upon the constitutional validity of statutes other than the Armed Forces Tribunal Act, 2007, in the case Manish Kumar Giri alias Sabi Giri v. Union of India & Ors. (W.P.(C) 9535/2017).
A Full Bench comprising Chief Justice Devendra Kumar Upadhyaya, Justice C. Hari Shankar, and Justice Om Prakash Shukla observed that the issue before it was of "seminal importance," given its potential to impact the personnel of all the Armed Forces, including the Army, Navy, and Air Force.
Recognising the wide constitutional and institutional ramifications of the matter, the Bench appointed Senior Advocate Gautam Narayan as Amicus Curiae to assist the Court.
The Registry has been directed to provide Narayan with the complete paper book and all orders passed in the case within one week. The Court also permitted Advocate Narayan to seek the assistance of an additional counsel of his choice.
The order stated, "Considering that the issues referred to this Full Bench for determination are of seminal importance, we, with the consent of learned counsel for the parties, appoint Mr. Gautam Narayan, Senior Advocate, to assist the Court."
The Court further directed that written submissions and a single, paginated compilation of judgments be filed by all parties including the Amicus Curiae by November 14. The matter has been listed for further hearing on November 28, 2025.
Highlighting the significance of the issue for the Armed Forces, the Bench made it clear that instructions to the counsel for the Union of India must be provided only by the Secretary, Ministry of Defence, or any other high-ranking officer nominated by him.
The order explicitly recorded, "Since this matter may have an impact over the personnel of all the Armed Forces, including those of the Army and Air Force as well, apart from the Navy, we provide that the instructions in the matter shall be provided to learned counsel for the respondents by none other than the Secretary, Ministry of Defence, Government of India or any other High-Ranked Officer nominated by him."
The petitioner, Manish Kumar Giri alias Sabi Giri, was represented by Senior Advocate Trideep Pais, assisted by Amritananda Chakravorty, Mihir Samson, Shreya, Sitamsini Cherukumalli, Salini Ambastha, Sakshi Jain, Tavleen Kaur Saluja, and Pradeep Kumar Singh.
The Union of India was represented by Additional Solicitor General Chetan Sharma, assisted by Piyush Beriwal, Amit Gupta, Vidur Dwivedi, Naman, and Jyotsna Vyas.
The Bench's order reflects the Court's commitment to ensuring a comprehensive and authoritative interpretation of the Armed Forces Tribunal's jurisdiction, particularly concerning the extent of its constitutional adjudicatory powers.