The recent summons issued by the main bench of the Armed Forces Tribunal’s (AFT) in New Delhi to the Army chief and the defense secretary for failing to carry out his orders marks another instance of such court action, which has summoned the defense secretary and other officials. several times over the past decade.
The latest order, issued on October 7, requires both the defense secretary and the army chief to appear before a court in a case involving an Army jawan from the Defense Security Corps, where the court’s decision was not implemented despite clear instructions.
The lawyer dealing with the military charges, who asked not to be identified, said the court’s previous actions had yielded nothing.
“Not only have more than 6,000 AFT decisions not been implemented by the Ministry of Defence, but the Ministry has issued a tsunami of lawsuits against its senior pensioners, disabled soldiers and widows in high courts across the country and in the Supreme Court. it is against its litigation policy. This happened even though the minister is facing many restrictions from the courts across the country because of his insensitivity,” said the lawyer.
The rise of military crimes
In 2014, following the Supreme Court’s dismissal of around 900 petitions filed by ministers on disability pensions, Prime Minister Narendra Modi ordered the then defense minister Manohar Parrikar to face serious charges. Parrikar has taken measures that have drastically reduced the number of hearings on disability and other pension matters. Later, just before the 2019 elections, the then defense minister Nirmala Sitharaman withdrew all pending claims initiated by the department against disabled soldiers and pensioners.
However, in 2023, after the AFT took tough action against senior officials of the Defense Accounts Department for non-compliance, the minister chose to challenge thousands of court rulings in favor of defense personnel.
Sources inside Army headquarters, speaking on condition of anonymity, acknowledged that the adjutant general’s branch of the Army strongly opposed the filing of major veterans cases. Even the Ministry of Social Welfare of Mzansi Workers in this service expressed their disapproval. However, officials from the Army Advocate General Department and the Defense Finance Department were able to get legal advice to pursue such cases, bypassing the government’s case policy and overcrowding in the courts.
The officials of the legal department also noted that although the Government is trying to reduce the cases opened by its departments, the cases involving the Ministry of Defense have reached unprecedented levels. A new national policy on legal cases applicable to all services is expected soon. Law department officials pointed out that while some ministries, such as the Finance Ministry, avoid going to high courts and the Supreme Court for fees below Rs 2 crore and Rs 5 crore, respectively, the Defense Ministry files cases for lower fees. a few thousand rupees.
Letter to Defense Minister Rajnath Singh
Last month, the All India Ex-Servicemen Welfare Association, led by Bhim Sen Sehgal, sent a strongly-worded letter to Defense Minister Rajnath Singh, asking if the “painful ego” of department officials is “more important” than the sentiments of soldiers. the community. Sehgal also highlighted the negative impact of stress and strain from military service on the life of soldiers, urging the minister to be sensitive to the realities faced by defense personnel.
As early as 2014, the AFT bench in New Delhi issued similar orders summoning the then defense secretary. The bench then observed “complete contempt” of the department for failing to implement the order approved by the high court.
“In a situation like this where the defendants defy the court’s order, as human rights defenders, we should use the court’s decision,” the bench said in 2014.
Recently, in April 2024, due to the non-implementation of the AFT order to return the female lieutenant colonel, the chairman of the main bench summoned the defense secretary on May 8. The AFT ordered the return of the lieutenant colonel in April 2023, but the minister contested the decision in Court Supreme, which dismissed the appeal in September 2023. Despite this, the minister failed to implement the court order.
In the current case involving the army chief and the defense secretary, the AFT bench said, “We find that the respondents in more than 6,500 cases are pending before the Military Court, Chief Bench, New Delhi, and 10 other District Benches. orders passed by this Tribunal. Despite repeated opportunities, the orders are implemented with any writ petition or SLP filed before the Hon’ble Delhi High Court or the Supreme Court within the period, and any stay obtained by the orders passed by the AFT.
“It may also be noted that in cases where a petition has been filed and a notice has been issued without approval, this Tribunal takes a liberal attitude and has given time to the respondents to dispose of the petition/appeal. Although time was granted and the process of freedom was followed, the defendants are sleeping on this matter, they are not doing what this Court has ordered, so it is time for us to take serious measures in these matters.”