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Armed Forces Tribunal under attack from Delhi HC Bar

New Delhi: The country’s first Armed Forces Tribunal, set up to exclusively provide “expeditious and inexpensive justice” to defence personnel, has come under attack from the 5,000-member Delhi High Court Bar Association for “seriously compromising” the powers of the higher judiciary. “The Armed Forces Tr ....Read more

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ARMED FORCES TRIBUNAL A NEGATIVE MOVE FOR DEMOCRACYBy: arun lal | Wednesday , 25 Nov '09 21:34:31 PM Reply | Forward GOVT INSEAD OF MAKING THE HIGH COURTS MORE EFFICIENT, BY IMPROVING ITS INFRASTRUCTURE, ACCOUNTABILITY FOR THE CAUSE OF NATURAL-JUSTICE,IT IS OPENING ANOTHER FRONT OF A HALF-BAKED JUDICIARY SYSTEM TO FURTHER ALENIATE THE DEFENCE FORCES.THE MAN IN UNIFORM ARE GROOMED TO FIGHT AND NOT LEARNED ENOUGH TO DISPENCE JUSTICE. THIS IS LIKE GIVING THE DEFENCE FORCES A SECOND GRADE JUDICIARY. THIS COMPARES WELL WITH THE FAILED BARE-FOOT-DOCTORS CONCEPT.

uniform of adminitrative memembrsBy: vk singh | Monday , 23 Nov '09 11:36:49 AM Reply | Forward how far it is judicious to see administrative members in the uniform of a judge ,even though they are not law graduate...and wear collour band and black coat? where do not have any knowledge of vast IPC and constitution law ...but speak a bit on fact only.

Case Status at Armed Forces TribunalBy: Sub J Chandra Sekharam (Retd) | Tuesday , 17 Nov '09 11:12:25 AM Reply | Forward How the petitioner can know the transfer of case from the concerning court to the concerning AFT & status of the case at AFT. Also intimate what action should be taken by the petitioner during the case with AFT i,e appointment of an advocate presence of the individual. If all these are mandatory the petitioner has to face lot of problems to fulfill because of all states are not located the AFTs.

Can AFT is authorised to deal Writ Petition s under Art.226 of constitution of India.By: Lt.Col.BNS Tyagi(Retd.) | Thursday , 5 Nov '09 11:49:51 AM Reply | Forward Dear Sir,Can the AFT deal with Writ Pititions relating to Violation of Art.14 of Constitution of India;or cases relating to interpretation of law of Ex.serviceman under Art.226 of Constitution of India against Central Govt; though matter relates to services ?

ARMED FORCES TRIBUNAL, THE LAST NAIL FOR A SERVICEMANBy: ganesh negi | Sunday , 20 Sep '09 15:42:56 PM Reply | Forward the formation of armed forces tribunal is a big blow for democracy and citizen liberty. A defence personnel has a lot of restrictions in putting forwad his grievances, and manu a times he has to live with it being i uniform. Having exhausted all his departmental service channels to be heard for justice, including the non-statutary and statutary complaint to the central government, as a last resort he approaches a HIGH COURT with some hope. Armed forces tribunal is bound to clip these wings of justice, transparency and liberty for an aggrieved service man.The induction of retired man-in-uniform in the AFT would influence/compromise the freeness and liberty of Justice.

ARMED FORCES TRIBUNAL FOR WHAT PURPOSE?By: dibyendu pal | Friday , 18 Sep '09 0:21:42 AM Reply | Forward Armed forces tribunal, is unlikely to meet the ends of justice. The inclusion of retired Generals, as administrative members would affect the indepenence of judiciary. Besides the grievances of a defence personnel has actually arisen, under these retired generals when they were in uniform, who now are included as members in the AFT. Logically speaking how can these same persons, after retirement, can dispense justice? The procedures may be speedy but it will lack justice.

clarification on transfer of cases pending with high courtsBy: Lt Col TVP Rao | Thursday , 20 Aug '09 13:41:37 PM Reply | Forward pl advise as to how to transfer my long pending case related to delay in granting of pensionery benefits.if it gets automatically transferred, pl advise further action.regardsrao

Your query on how to transfer a case to tribunalBy: Major P. G. Deval (Retd) | Wednesday , 28 Oct '09 12:13:22 PM Reply | Forward As per my knowledge orders have gone to all High Courts to automatically transfer the cases to Tribunal. If your case is not yet transferred due to stage of hearing, you can still apply stating that you would like to get one opportunity before Tribunal hence case be transferred. HC should be more than pleased to accept.

ARMED ORCE TRIBUNAL By: Sarwesh Chauhan Advocate | Sunday , 5 Jul '09 10:42:55 AM Reply | Forward At last armed force tribunal act is coming into force shortly .It will definitely bring down pendency of related matters before different forums and High Court .However more benches should be constituted at least one in each state and the jurisdiction of high court shall not be excluded .There is some apprehension amongs the airmen and army perssonel below JCO rank on the defence officers being made administrative member of armed force tribunal .However it is hopeful that AFT will be of great significance as the central administrative tribunal is .

Armed Force Tribunal Act how much effective ?By: Sarwesh Chauhan | Sunday , 5 Jul '09 10:26:14 AM Reply | Forward The effectiveness of Armed force tribunal Act (AFT act ) where by expeditiuous adjudication of matters of defense personel and judicial delay has been sought to be achieved is doubtful while the exclusion of High Court's jurisdiction over tribunal will affect the rights of the aggrieved defnce personnel as the judicial reveiw will be of limited scope .The independence of the aft is often doubted by the defence delinquent as the members derived from active defence serviceand mostly part of SCM proceedings in one manner or the other have been made member of the tribunal .However the tribunal is going to be functional very shortly we are hopeful that all apprehendsion will be apprehension only and alike other tribuanls like central administrative tribunal will be an effective remedy available to aggrieved persons .However High Court's under article 227 of the constitution of India shall not be excluded to have superintendence over tribunal wih cause of action arising in there territory

guidanceBy: nupur | Sunday , 1 Nov '09 13:20:46 PM Reply | Forward are you aware of the stay given by delhi high court on the operation of the tribunal do you have a copy of the order

ARMED FORCES TRIBUNALBy: Wing Commander P S Haridas (Retd) | Friday , 27 Feb '09 16:11:48 PM Reply | Forward A separate tribunal for the armed fores is essential, like the Central Administrative Tribunals for civil servants. Judges and lawyers with sound knowledge of mililtary law should participate in the proceedings. This tribunal can deal with military cases efficiently and justly, balancing the requirements of the the individual, military policies and its special ethos.

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