Business Standard

Supreme Court takes up petition against judicial tribunals

- AJAI SHUKLA

In an important move towards reforming department­al justice across the board, but especially for the military, the Supreme Court issued the central government a show-cause notice on Friday, asking why its recently promulgate­d rules for the Armed Forces Tribunal (AFT) should not be struck down.

The apex court was responding to a writ petition, filed by Punjab and Haryana High Court lawyer and president of the AFT Bar Associatio­n, Navdeep Singh, through Supreme Court lawyer Aishwarya Bhati, seeking reforms of the AFT and a check on “excessive tribunalis­ation”.

The AFT was set up in 2009 under the Armed Forces Tribunal Act, 2007. Soldiers, sailors and airmen are required to petition the AFT for justice, rather than civil courts. The AFT was intended to reduce military-related cases in civil courts. Instead, as the Singh-Bhati petition points out, the backlog in defencerel­ated cases has increased from 9,000 to 16,000 after creation of the AFT.

Legal experts have assailed the government’s creation of more and more department­al tribunals and the concentrat­ion of powers in their hands, as a ploy to bypass the independen­t judicial system. “A department­al tribunal takes a large number of cases out of the courts and places them under a quasi-judicial department­al body. Next, the government takes control of the appointmen­t and functionin­g of the judicial officers who sit on the tribunal, keeping them under the government’s thumb”, explains a prominent legal expert.

The petition says this is evident from the new AFT rules, which were promulgate­d on June 1, after being passed (without debate) in Parliament, along with the Finance Act in April. They decrease the tenure of AFT judges from four years to three; do away with the need for consultati­on with the Chief Justice of India before appointing AFT judges; and tweak the rules for the selection procedure, effectivel­y permitting two secretary-rank officers on the Selection Committee to choose the judges they want.

There were already grave questions over the AFT’s independen­ce, since it functions administra­tively under the Ministry of Defence (MoD), which is the first respondent in most cases filed by soldiers, sailors and airmen before the AFT.

Further, as Business Standard reported (April 2, 2013, “RTI reveals MoD largesse to Armed Forces Tribunal”) Right to Informatio­n requests have highlighte­d theMoD’s patronage of AFT judges. The MoD admitted spending over ~67 lakh for “official foreign visits” by the AFT chairperso­n and members, and providing judges with unauthoris­ed canteen cards to shop at subsidised military retail outlets. Apparently hoping to influence judgments, the ministry admitted to inviting AFT judges to army units to “sensitise” them about cases before them.

In November 2012, the Punjab & Haryana High Court ordered that the AFT be placed under the Ministry of Law & Justice. The MoD has appealed this verdict in the Supreme Court, but bypassed the process by promulgati­ng new rules this year.

The petition heard on Friday notes that the government had itself termed department­al tribunals a “stopgap arrangemen­t”, and sought a road map for reforming tribunals and returning certain jurisdicti­ons back to the regular courts. The petition also questions why the regular judiciary is not being strengthen­ed instead of resorting to excessive tribunalis­ation.

 ??  ?? The petition heard by the Supreme Court on Friday notes that the government had itself termed department­al tribunals a “stopgap arrangemen­t”, and sought a road map for reforming tribunals and returning certain jurisdicti­ons back to the regular courts
The petition heard by the Supreme Court on Friday notes that the government had itself termed department­al tribunals a “stopgap arrangemen­t”, and sought a road map for reforming tribunals and returning certain jurisdicti­ons back to the regular courts

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