"Real racket is MoD": AFT Bar Association objects to Attorney General's 'racket' claims against disabled soldiers

The Armed Forces Tribunal (AFT) Bar Association, Chandigarh has taken strong exception to recent comments made by Attorney General for India R Venkataramani during the hearing of a petition before the Supreme Court challenging the transfer of Justice Dharam Chand Chaudhary to AFT’s Kolkata Bench..In the statement released today, the Association called AG’s comments “highly disturbing” and said he has cast aspersions on judicial bodies and verdicts passed in favour of disabled soldiers by calling the same a “racket”.Last week, while making submissions before a bench headed by Chief Justice of India DY Chandrachud, AG Venkataramani had termed the Association’s petition “collusive”. He also claimed there was “some kind of a racket” going on in disability pension cases..These arguments were made by the AG while appearing for the Central government against a petition filed by the bar association challenging the transfer of Justice Chaudhary.The Association said that the AG's statement was “disparaging, factually incorrect and derogatory.” It added that the uncharacteristic remarks were based “on what he was briefed (on).” It added that the “real racket” was the Ministry of Defence (MoD) filing “mindless unnecessary” appeals, reviews and “leave to appeal applications” against disabled soldiers, widows, and old pensioners even in settled matters..The AG's statements are not only a direct assault on the independence of the AFT but also an affront to the sacrifices of our soldiers for this nation, the Association said.Such attempts are aimed at weakening the will and resolve of other members of the AFT, it added.It further said that all cases of disability pension have been decided and settled by the Supreme Court and High Courts and yet the personnel were being forced to litigate before the AFT with individual cases. “The AFT is only passing orders based on law settled by the Supreme Court. Many such orders have been challenged and upheld till the Supreme Court by detailed judgments. In that sense, the statement of the AG reflects his poor opinion on the law laid down by the Hon’ble Supreme Court on disability benefits,” the statement said. The Association further stated that the MoD has the remedy to challenge the decisions before a higher forum and not make "wild allegations" based on the financial implications of judgments as it demeans the sacrifices of the soldiers. “Hundreds of soldiers who have lost their limb or suffered grave medical conditions due to stress and strain of military service are currently before various Courts seeking disability benefits, and their widows are seeking death benefits due to death in harness due to disabilities. Are they 'racketeers'? The learned AG must spend a day in the life of a common soldier to know the reality of military life!,” the Association said.Defending Justice Chaudhary, the Association also said that the cases in which strong orders were being passed by him did not even relate to disability pension. They were regarding execution petitions for the correct pension to the rank of “Honorary Naib Subedar” based on orders that were passed way back in the year 2017, it said.Justice Chaudhary joined the AFT in 2021, the statement further pointed out, adding that his rate of disposal of other disability matters was much lower than other Judicial Members “The Learned AG’s statement is demeaning to all such Judicial Members, past, present and future, as also towards lawyers practicing in the AFT,” the statement went on to state.The Association also questioned the AG for his insinuation on the lawyers' body’s interest in the case and said that lawyers and the Bar have historically taken a stand to protect judicial institutions and their independence. In conclusion, the Association said it will not “cower down or be overwhelmed” by such “demeaning” statements, even if these are made by the senior-most law officer of this country..[Read Press Note]