Major Ajeet Yadav & ORS. v. Union Of India & ORS.
$~187 & 188 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17954/2024 & CM APPL. 76378/2024 & CM APPL. 5543/2025 MAJOR AJEET YADAV & ORS.
.....Petitioners Through:
Mr. Anshuman Mehrotra, Adv.
for Mr. Ankur Chhibber, Amicus Curie Petitioner 1 in person versus UNION OF INDIA & ORS.
.....Respondents Through:
+ W.P.(C) 7095/2025 & CM APPL. 32062/2025 GHANSHYAM LALSAH AND ANR .....Petitioners Through:
Mr. Arvind Shah, Adv.
versus UNION OF INDIA AND ANR .....Respondents Through:
Mr. Neeraj, SPC with Mr.
Vedansh Anand, GP, Mr. Soumyadip Chakraborty and Mr. Sanjay Pal, Advs. with Lt. Gen. B.S. Poonia and Maj. Anish Murlidhar
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 17.07.2025 C. HARI SHANKAR, J.
CM APPL. 41899/2025 in WP (C) 17954/2024 1.
This is an application seeking condonation of delay of 160 days
in filing the counter affidavit.
2.
For the reasons stated in the application, the delay is condoned and the application is allowed.
3.
Counter affidavit be taken on record.
4.
The application stands disposed of.
W.P.(C) 17954/2024 & W.P.(C) 7095/2025 4.
After some hearing, Mr. Ankur Chhibber, who have been appointed by this Court as amicus curiae by order dated 24 December 2024 has submitted that these petitions would be amenable to adjudication by the Armed Forces Tribunal1.
5.
In that view of the matter, Mr. Arvind Shah, who appears for the petitioner in WP(C) 7095/2025 is agreeable to the AFT adjudicating this matter but prays that this writ petition may be transferred to AFT which may be requested to proceed on the basis of the record as it stands.
6.
Though Major Ajeet Yadav, who appears in WP (C) 17954/2024 in person, argued for some time, he also ultimately agreeable to this petition being transferred to the AFT provided the AFT is directed to proceed on basis of the record as it stands. 1 "the AFT" hereinafter
7.
Accordingly, both these petitions are transferred to the AFT. For this purpose, the Registry is directed to transmit these petitions to the AFT which would accord suitable registration numbers to them. Let the records be transmitted within a period of one week from today. 8.
We request the learned AFT to treat these writ petitions as original applications and to proceed further from the stage on which they stand today before this Court. The pleadings before this Court would be deemed to be pleadings before the AFT. The orders passed by this Court would also continue before the AFT and if any interim order has been passed, that interim order shall continue to remain in operation during the proceedings before the AFT, but shall remain subject to any further orders that the AFT may deem appropriate to pass.
9.
In order to expedite matters, the parties are directed to appear before the AFT on 11 August 2025.
10.
We have not expressed any opinion on the merits of the dispute. C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
JULY 17, 2025 gs