The Supreme Court has intervened in the matter of vacant positions within the Armed Forces Tribunal (AFT), directing the central government and relevant parties to respond to a petition urging the swift filling of these posts. This intervention comes amid concerns that the tribunal’s functionality is being threatened by a lack of adequate staffing.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi acknowledged the urgency of the situation and agreed to hear the petition, filed by the Armed Forces Tribunal Bar Association (Regional Bench). The court has requested Attorney General R Venkataramani to provide assistance in adjudicating the matter. The counsel for the petitioner was instructed to submit the petition to the Attorney General’s office. The case is scheduled for further hearing in two weeks, underscoring the court’s intent to address the issue expeditiously.
Information reaching TahirRihat.com suggests that, according to the advocate representing the petitioner, the operational capacity of the Armed Forces Tribunal (AFT) is in jeopardy. Out of the eleven benches that constitute the AFT, it is projected that only three will remain functional by the year’s end if the vacancies are not promptly addressed. This situation raises significant concerns about the tribunal’s ability to effectively handle the cases brought before it, potentially leading to delays in justice for armed forces personnel.
The petition before the Supreme Court specifically requests that the central government be directed to expedite the selection process and fill the existing vacancies within the AFT within a defined timeframe. This directive is sought to ensure compliance with Section 5 of the Armed Forces Tribunal Act, 2007, which outlines the composition of the tribunal and its various benches. The petitioner argues that adherence to this section is critical to maintaining the tribunal’s operational efficiency and its ability to fulfill its mandate.
Additionally, the petition proposes that the current judicial and administrative members of the tribunal be allowed to continue in their positions, provided they consent to do so, until the necessary appointments are made to fill the vacancies. This measure is intended to provide continuity and prevent further disruption to the tribunal’s operations during the period of transition. The Supreme Court’s decision to seek a response from the Centre indicates the court’s concern over the matter and its willingness to ensure that the Armed Forces Tribunal can continue to function effectively.
The Armed Forces Tribunal was established to provide a specialized forum for the adjudication of disputes related to service matters involving members of the armed forces. Its effectiveness depends on having a full complement of judicial and administrative members. The current situation, with a significant number of vacancies, could undermine the tribunal’s ability to provide timely and fair resolution of cases, potentially affecting the morale and well-being of armed forces personnel. The Supreme Court’s intervention is therefore crucial to ensure that the tribunal can continue to function as intended, providing a vital avenue for redressal of grievances within the armed forces.
The Supreme Court’s decision to seek the Centre’s response highlights the importance of addressing the vacancies in the Armed Forces Tribunal to ensure its continued efficiency and effectiveness in adjudicating matters related to the armed forces. The outcome of this legal process will have significant implications for the functioning of the tribunal and the rights of service personnel.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
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