Law Commission moots tribunal for defence personnel

Law Commission moots tribunal for defence personnel
PRESS TRUST OF INDIA

New Delhi, June 19: The Law Commission has suggested amendments to the Army, Navy and Air Force Acts to create an Armed Forces Appellate Tribunal (AFAT) for prompt disposal of cases challenging decisions of courts martial and to bring para-military forces also under its purview.

"The Army, Navy and Air Force Acts should be amended providing for creation of a Tribunal to adjudicate disputes and complaints with respect to service conditions of persons appointed in Army, Navy and Air Force", the Commission has said in its 169th report to the government.

"In case such a Tribunal is created, Parliament may alsoconsider bringing other para-military services too under the jurisdiction of this Tribunal," the report said.

"It would contribute to greater discipline and promptdisposal of service disputes pertaining to the armed forces if a separate service tribunal is created", it said.

The Commission had undertaken a review suo motu in viewof a Supreme Court order pointing out several deficiencies in the existing Acts and suggested measures to the government to amend these accordingly, its member N M Ghatate told PTI.

The Supreme Court had in the Lt col Prithvi Pal Singhversus Union of India (1982) case pointed out absence of the remedy of appeal against the orders of courts martial and that the courts martial must record reasons in support of their conclusions and orders, Ghatate said.

The creation of an appellate tribunal was favoured by the law commission as over 5,000 cases relating to disputes of defence personnel were pending in various high courts and the recommendations would address the deficiencies pointed out by the Supreme Court, Ghatate said.

The commission suggested that the proposed tribunal, which would hear appeals directly against the courts martial order, should have a retired Supreme Court judge or a retired high court Chief Justice presiding over it.

Other members of the tribunal should include a retired defence official not below the rank of major general, air vice marshal or a rear admiral, the report said, adding the tenure of the president and the members should be four years.