Aggrieved with the justice administration system for defence personnel and their family members, members of the Armed Forces Tribunal (Principal Bench) Bar Association will hold a symbolic protest of sorts on September 22..The reasons behind this protest have been enumerated in two letters written by the AFT (PB) Bar Association; one to the Chief Justice TS Thakur and the other to Presidents of all AFT Bar Associations ..Their primary grievance is with respect to the non-appointment of judicial members in AFTs which, according to it, has resulted in a,.“complete breakdown of the system of administration of justice for defence personnel, ex-servicemen, disabled soldiers and their families.”.The second letter, addressed to CJI Thakur, which has also been marked to the Defence Minister, Manohar Parrikar and Law Minister Ravi Shankar Prasad, enlists the various grounds which have led to the complete breakdown of the system of administration of justice for Defence personnel..Among other things, the letter highlights the vacancies in the AFT, with only five benches out of seventeen being functional, and the subsequent failure of the government to notify the approved appointments. The Bar Association has also highlighted the government’s failure to amend the Armed Forces Tribunal Act of 2007 to allow lawyers who are eligible for appointment as Judges of Constitutional Courts, to be appointed as Members of the AFT..The letter also goes on to question the very purpose for which the AFT was created in the first place i.e. ‘quicker dispensation of justice’. The AFT, which was initially constituted as an appellate body for court martial appeals, has become, a body ‘not manned by civilians’. The letter states that the myth of quicker dispensation evaporates in the light of the fact that pendency of cases has surged to 16,000 from 9,000 after the creation of tribunal..The ‘biggest disappointment’ as pointed out, is the lack of any effective remedy of judicial review over orders made by the AFT. After a plea filed by the Ministry of Defence (MoD), writs against AFT orders cannot be entertained by High Courts anymore. This has left litigants remediless, since appeal to the Supreme Court is an expensive affair and is often more personal rather than of ‘general public importance’.. The irony which the system faces has also been underlined in the letter..The AFT continues to function under the MoD, the same ministry against against which the tribunal has to pass orders..In fact, this very point was raised by retired Major and lawyer Navdeep Singh who described this phenomenon as the “tacit takeover of judicial function by the executive”.Furthermore, the Defence Secretary continues to be a part of the Selection Committee for members of the AFT, as well as the committee involved in investigation of complaints against members of AFT..The letter also points out the absence of ‘power of civil contempt’ or ‘even a procedure for execution of it’s order..Read the full letter here:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
