AFT bar writes to CJI alleging Defence Minister openly admitted to interference in transfer of Justice DC Chaudhary

The Armed Forces Tribunal (AFT) Chandigarh Bench Bar Association on Wednesday wrote to Chief Justice of India (CJI) DY Chandrachud alleging that Defence Minister of India Rajnath Singh, openly admitted to interfering in the transfer of Justice Dharam Chand Chaudhary..The letter claims that the Minister during an event conducted by the Defence Accounts Department on October 1, openly acknowledged the Ministry's involvement in the transfer just before a contempt case was to be heard.As per the letter, the Minister was heard saying that as a member of the accounts department, one can not keep everyone happy and acknowledged the "escape" of the alleged contemnor - an officer of the Defence Accounts Department."Accounts Department toh apne aap mein aisa department hota hai jiski zimmedaari lekar aap sabko khush nahi rakh sakte. Koi na koi naaraaz hoga pakki baat hai. Kyonki sansadhan seemit hote hai aur dekhiye aap ke yahan ek adhikari jaate jaate bach gayi," Singh was allegedly heard saying.(Translation: The Accounts Department is a department where you cannot keep everyone happy after taking its responsibilities. Someone will definitely be upset, that's for sure. Because resources are limited, and you see, one officer narrowly escaped here.).The bar body highlighted that Singh's statement was met with laughter from an audience that also included the alleged contemnor."The laughter regarding committing contempt of court and flouting of judicial orders is also very distasteful," the letter added..The letter also referred to the Minister urging members and the Chairperson of the AFT a few days earlier to slow down case disposal, stating that "justice hurried is justice denied."In this context, the letter expressed dissatisfaction with the negative impact on the confidence of litigants before the AFT, where the Ministry of Defence, the opposite party in all cases before it, is offering advice to a tribunal on how to manage its caseload."It is also surprising that while all Courts and Government Departments endeavour to speed up disposal rates in judicial bodies, here the Ministry of Defence (the primary litigant) is asking the Court to slow down disposal. It is understood that the Principal Bench at Delhi, for this reason, does not dispose cases and keeps them reserved for months together," the letter added..In light of these concerns, the Bar Association has requested data regarding the case disposal rates of the AFT's principal bench. The association clarified that it is not questioning the integrity of the Defence Minister or the Defence Secretary, but rather highlighting how they may be influenced by Ministry of Defence (MoD) officials, particularly those within the accounts department.It has stated that irrespective of the reasons, the direct attack on the independence of the AFT is unacceptable to the lawyers or the litigants and has shaken the faith of ex-servicemen, disabled ex-servicemen and widows who constitute the majority of the litigants before the AFT.As such, the letter has called for the CJI to take effective steps to 'nip this malaise in the bud' by taking cognizance of the same.Calls to the Ministry of Defence by Bar & Bench went unanswered..On September 25, the Chairperson of the AFT transferred judicial member Justice Dharam Chand Chaudhary from the Chandigarh bench to the Kolkata bench of the tribunal "for administrative reasons in public interest."The Chairperson had also transferred to himself the contempt case filed against the Defence Accounts Department officer for failing to implement judgments of the Supreme Court, a case that was slated to be heard by Justice Chaudhary..In a strongly worded letter sent to the CJI on September 25, the AFT Bar had alleged that Justice Chaudhary's transfer was a consequence of the strict orders passed by him against senior government officials of the MoD.On the same day, the Association also decided to indefinitely abstain from work as a mark of protest.Thereafter, the AFT bar associations at Jammu and Lucknow also expressed solidarity with the AFT Chandigarh Bar Association in objecting to the transfer of Justice Chaudhary.More bar associations have since joined in supporting the AFT Chandigarh Bar Association in its protest.These associations include the district bar associations in Chandigarh, Panchkula and Kurukshetra, and the Veteran Air Warrior Association in Haryana..The Central Administrative Tribunal (CAT) Bar Association is the latest association to join the protest against the transfer.As per a resolution issued by this Association on Wednesday, the core issue of the controversy ails not only the bar and bench at Chandigarh, but is a cause for grievance for all litigants from the Armed Forces as well as for the entire legal and judicial fraternity across the country..[Read Letter to CJI].[Read CAT Resolution].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.