Lack of vested right to effective judicial review from orders of the Armed Forces Tributnal (AFT): IESM letter to PM/RM/LAW MINISTER

LACK OF VESTED RIGHT OF EFFECTIVE JUDICIAL REVIEW FROM ORDERS OF THE ARMED FORCES TRIBUNAL (AFT)

1. There is actually no right of appeal to the Supreme Court from AFT orders as per AFT Act since an appeal only lies in exceptional cases involving ‘point of law of general public importance’ vide Section 31 of AFT Act, hence what has been pleaded before the SC is that AFT should become the court of first instance as well as the court of last instance, leaving defence personnel, veterans and widows remediless since it is well known that 99.9% of cases can never involve ‘public importance’ questions. The decision will not lead to ‘quicker’ justice but in reality remove all chances and channels of challenge/appeal against AFT decisions. Can this bogey of ‘quicker’ justice be raised at the price of fundamental rights of accessible justice and remedy to citizens?

2. It is well known that almost all such litigants cannot afford litigation in SC due to its prohibitive cost and the aura itself of being the highest court of the country. It is not understood how the defence ministry expects poor litigants including disabled soldiers and widows from all over the country to travel to Delhi and engage lawyers in SC to fight their cases. Most of the cases in the AFT involve issues such as disability benefits, pension, minor allowances, pay fixation, ACRs etc and litigants would now be expected to suffer in silence if they feel that they have not got justice from AFT.

3. Defence personnel, veterans, widows and families have been deprived of their basic right of access to justice due to the plea raised by the MoD/Army wherein while all citizens of the country would have access to multiple tiers of justice, not even one tier would be available to us. Even civil govt employees aggrieved by orders of Central Administrative Tribunal (CAT) can approach the HC if they are dissatisfied and then further the SC, whereas similar access has been denied to us and after an order of the AFT even the SC cannot be approached as a matter of vested right unless there is involvement of a point of general public importance.

4. We hereby express our dismay on the attempt of the official system to convey to the SC that fundamental rights of the military community should be restricted or abrogated. We are disappointed that the system itself by raising the plea of Article 33 is attempting to prove that defence personnel, ex-servicemen and their families are lower than the ordinary person on the street. This will have disastrous consequences in the years to come. If the MoD/Army makes such averments pleading for taking away the fundamental rights of their own members and former members and their families, then it is extremely unfortunate.

5. It is well known that the AFT functions under the control of the MoD and even Members of AFT are appointed by the MoD and selected by a selection committee which has the Defence Secretary as its member. AFT has also not been given civil contempt powers to ensure compliance of its orders. In other words, an ineffectual body has been created which functions under the MoD and then now on the plea of the MoD it has been assured that there is no effective appeal making it an all supreme body.