The three Services have opposed conferment of civil contempt powers to armed forces tribunals saying this would impinge on their operational requirements and discipline, a Parliamentary panel said today.
In its report on the armed forces tribunals (AFTs), the Standing Committee on Defence said it agreed with Services' contention and such powers could not be given to the military courts till justice delivery systems there has stabilised.
"No serving defence officer should be made to appear before the Tribunals for civil contempt. The Committee are of the view that if unfettered civl contempt powers are given to the AFTs, discipline would be compromised to a great extent," the report said.
The AFTs have been demanding civil contempt powers to ensure that their verdicts against the armed forces and the Ministry of Defence are complied with mandatorily and to provide speedy justice to aggrieved persons.
The Committee advocated a "cautious approach" saying while it was conscious about providing speedy justice to defence personnel, it "does not wnat to disturb the highest standard of discipline prevalent among the forces."
"The view of the Committee is substantiated by spate of recent judgements delivered by some of of the AFTs with regard to issues concerning conflict of interest of members of the tribunals and impinging policy matters," it said.
The Committee, however, recommended that civil contempt powers should be granted to the Tribunal in case of Defence Ministry, all other civilian organisations as well as retired defence personnel.
The Committee also welcomed a proposal to put the AFTs under the Law Ministry saying the "in order to build a strong and independent institution, this step will go a long way.
