‘Fill vacancies in armed forces tribunal’

JAIPUR: The

Armed Forces Tribunal

Advocates Association, Jaipur, has approached the Chief Justice of Supreme Court over non-functioning of the Armed Forces Tribunal (AFT), Regional

Bench Jaipur

since July 2016 for want of judicial/administrative members.

In the letter, the association has sought intervention of the CJI to appoint judicial as well as administrative members to the Jaipur AFT as there are over 5,000 cases pending of both retired and serving defence personnel at the tribunal.

The letter, signed by Col S B Singh, president, Armed Forces Tribunal Advocates Association, Jaipur, among others, said, “We the members of AFT Bar Association Jaipur, on behalf ex-servicemen fraternity of Rajasthan, as a last resort wish to apprise and seek your intervention in non-appointment of judicial/administrative members at AFT Jaipur, since July 31 2016; thus making it non-functional, resulting in to denial of justice to aggrieved veterans as well as serving defence personnel alike, in judicial adjudication of their grievances, amounting to not only denial of justice, rather even approach to justice, as they don’t have access to high Courts after enactment of AFT Act 2007, thereby resulting in demoralization and resentment amongst armed forces fraternity.”

The association further stated that while virtual hearings are held for a day every month but that does not solve the problem as several cases which need long physical hearings are pending since long. The letter also said that some of the cases go as far back as 2009 but are yet to reach a conclusion due to lack of appointments. The AFT in Jaipur was set up in 2009 and after the retirement of the judge in 2016, no one was appointed which is leading to delay in the trials. There are a total of 17 benches in 11 locations in the country out of which 13 benches are non-functional due to the same reason of lack of judges. This has led to over 19,000 pending cases across the country.

The Armed Forces Tribunal Act 2007, was passed by the Parliament and led to the formation of AFT with the power provided for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.It can further provide for appeals arising out of orders, findings or sentences of courts- martial held under the said Acts and for matters connected therewith or incidental thereto.

Each Bench comprises a judicial and an administrative member. The judicial members are retired High Court Judges and administrative members are retired defence personnel who have held rank of Major

General/

equivalent or above for a period of three years or more, Judge Advocate General (JAG), who have held the appointment for at least one year are also entitled to be appointed as the administrative member.