% 14.07.2021 [VIA VIDEO CONFERENCING] CM No.20368/2021 (for exemption) & CM No.20369/2021 (for permission to file lengthy list of dates)

1. Allowed, subject to just exceptions and as per extant rules.

2. The applications are disposed of.

W.P.(C) 6483/2021 & CM No.20367/2021 (for stay)

3. This petition impugns the order dated 24th May, 2021 of the Armed Forces Tribunal (AFT), Principal Bench, New Delhi of dismissal of OA No.1209/2020 preferred by the petitioner.

4. The counsel for the respondents Indian Air Force appears on advance notice.

5. On enquiry, it is informed that the batch of writ petitions entailing the question, whether a writ petition under Article 226 of the Constitution of India lies to this Court against the final order of the AFT and/or whether the remedy lies before the Supreme Court only under Section 30 of the Armed Forces Tribunal Act, 2007, is listed on 19th July, 2021.

6. The counsel for the petitioner expresses urgency. It is contended that the recording of summary of evidence and the constitution of Court of Inquiry against the petitioner is in violation of Rule 156(2) of the Air Force Rules, 1969 and that the recording of summary of evidence is complete and once the General Court Martial is convened, the petitioner, in accordance with the dicta in Union of India Vs. Virendra Kumar (2020) 2 SCC 714, may not be able to take the said plea.

7. Issue notice.

8. Notice is accepted by the counsel for the respondents Indian Air Force.

9. List along with the other petitions aforesaid on 19th July, 2021.

10. The counsel for the petitioner is given liberty to reiterate the urgency on that date.

RAJIV SAHAI ENDLAW, J AMIT BANSAL, J JULY 14, 2021 'pp' W.P.(C) 6483/2021 Page 2 of 2