MD Azam Ansari v. Union of India and Ors.

Delhi High Court · 20 Jan 2016 · 2016:DHC:472
Hima Kohli; Sunil Gaur
W.P.(C) 501/2016
2016:DHC:472
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition seeking sentence completion under the Air Force Act, directing the petitioner to pursue pending applications before the Armed Forces Tribunal to prevent forum shopping.

Full Text
Translation output
W.P.(C) 501/2016
HIGH COURT OF DELHI
W.P.(C) 501/2016 and CM APPL. 2071/2016
MD AZAM ANSARI ..... Petitioner
Through: Petitioner in person.
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Akshay Makhija, CGSC with Ms. Sangeeta Mokhtan and Ms. Mahima Bahl, Advocates
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 20.01.2016
JUDGMENT

1. The present petition has been filed by the petitioner praying inter alia for declaring that his remaining sentence of 39 days had been completed on 13.01.2011, in terms of Section 183 of the Air Force Act, 1950.

2. Mr. Makhija, learned counsel for the respondents draws the attention of the Court to an application moved by the petitioner before the Armed Forces Tribunal for the same relief and enclosed with the present petition as Annexure P-4 (colly) and states that the petitioner is indulging in forum hunting by approaching two fora simultaneously.

3. On a query posed to the petitioner, who appears in person, as to whether two applications moved by him in O.A. No.74/2012 are 2016:DHC:472 W.P.(C) 501/2016 pending consideration before the Armed Forces Tribunal, he concedes that they have not been decided so far and shall be taken up tomorrow. That being the position, this Court declines to entertain the present petition, which is disposed of alongwith the pending application, with liberty granted to the petitioner to pursue the two applications filed by him before the Armed Forces Tribunal.

DASTI under the signatures of the Court Master. HIMA KOHLI, J SUNIL GAUR, J JANUARY 20, 2016 rkb/ap