AFT Bar assn writes to CJI seeking appointment of judicial

Irked by non-appointment of judicial members to the Armed Forces Tribunal leading to work there "almost coming to a standstill", the AFT Bar Association has written to Chief Justice T S Thakur demanding immediate remedy.
The association has also requested that it be brought under the Law Ministry instead of the Defence Ministry, which in most of the AFT litigations is the opposite party.
The AFT (Principal Bench) Bar Association will also observe a protest by wearing black ribbons on September 22, with their regional counterparts likely to join it.
In the letter to Thakur, copy of which has been sent to Defence Minister Manohar Parrikar and Law Minister Ravi Shankar Prasad, Rajiv Manglik, Secretary of the AFT (PB) Bar Association, said there were only five benches functional out of a total of 17 which had resulted in a lack of access to justice to military personnel, disabled soldiers and even widows of defence personnel.

"While it is claimed that there are not enough applicants for the posts, it is learnt that appointments already approved by the Selection Committee have not yet been notified," the letter said.
It said that the reason articulated by the central government to create AFT was "speedy and less expensive dispensation of justice", but with the passing years, it emerges that perhaps the actual reason was simply to take out the jurisdiction of such matters from the inherently independent constitutional courts and bring them under a departmental tribunal which functions under the Ministry of Defence.

The biggest disappointment with the creation of AFT has come in the form of a lack of any effective remedy of judicial review over its orders thereby making it the first and the last court for litigants, it said.

While the high courts continued to entertain writs against
AFT orders, the situation changed after a plea to the effect filed by the Ministry of Defence which was later allowed, and has potentially left litigants remediless, the letter said.
It is hard to imagine a disabled soldier or a widow in Kerala or West Bengal to approach the Supreme Court concerning his or her case involving a few hundred rupees and then try to prove that the case involves a 'point of law of general public importance', it said.
Hence, while civilians get a three-tier system of justice and judicial review, the military counterparts are encumbered with only AFT, which is practically the court of first instance as also the last instance, it said.

The association also sought that AFT be brought under the control of the Law Ministry rather than the Defence Ministry.
"Naturally, a tribunal cannot be expected to rely for facilities, rule-making, administration and appointments on that very ministry which is the opposite party in all litigation and against which all orders are supposed to be passed.
"The Defence Secretary also continues to be a part of the Selection Committee for Members of the AFT and also has a role to play in the same Selection Committee at the time of re-appointment of Members.
"The Defence Secretary and other bureaucrats also have a role to play in the committee for investigation of complaints against members of AFT, which again threatens the very basic thread of judicial independence and separation of powers," it said.

The communication, it said, may be treated as a 'Letter Petition' in case the Chief Justice deem appropriate.
"We would hence request you to ensure that appointments of Judicial Members are made at the earliest and also that an effective remedy to AFT orders is provided at par with similarly placed civilian employees," it said.