SC-Finding that the Tribunal exceeded its jurisdiction while setting aside the order of conviction passed by the DCM,the Hon’ble SC held that Section 15 of the Armed Forces Tribunal Act, 2007 confers wide power on the Tribunal so as to allow an appeal against conviction by a Court Martial where the finding of the Court Martial is legally not sustainable due to any reason; the finding involves wrong decision on a question of law or there was a material irregularity in the course of the trial resulting in miscarriage of justice but such wide powers do not confer jurisdiction to the Tribunal to reverse the findings merely because it finds that different view is possible.-Hon'ble Justices L. Nageswara Rao and Hemant Gupta[13-09-2019]
Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts)-https://www.legitquest.com/union-of-india-vs-sandeep-kumar
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