CJI bench pauses transfer of Armed Forces Tribunal Judge

  • October 10, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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CJI bench pauses transfer of Armed Forces Tribunal Judge

Subject :Polity

Section: Judiciary

Context : CJI bench pauses transfer of Armed Forces Tribunal Judge after Bar strike

More about the news:

  • The Supreme Court has halted the transfer of a judge from the Armed Forces Tribunal (AFT) Chandigarh bench to Kolkata and requested a sealed report from the AFT chairperson explaining the reasons behind the transfer.
  • The AFT Chandigarh Bar Association had initiated an indefinite strike in protest of the transfer, alleging it was an attack on judicial independence and that the judge, Justice Dharam Chand Chaudhary, was being transferred because he resisted pressure from the Ministry of Defence.
  • The Supreme Court ordered that Justice Chaudhary should not assume his duties in Kolkata for now, and certain pending cases in Chandigarh should not be disposed of without court permission.
  • The court expressed concern about the circumstances surrounding the transfer, citing the Ministry of Defence’s role in the AFT’s administrative control and funding.
  • The AFT chairperson is required to provide an explanation by October 13.
  • The Bar Association also raised concerns about interference by the Ministry of Defence in AFT matters.

What is Armed force Tribunal:

  • It is a military tribunal with the power of adjudication or trial of disputes and complaints related to commission, appointments, enrolments and conditions of service.
  • It was established in August 2009 by the Armed Forces Tribunal Act 2007.
  • Besides the Principal Bench in New Delhi, the Armed Force Tribunal has 10 Regional Benches i.e Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur

What is the composition of Armed Force Tribunal:

  • The Tribunal is composed of Judicial Members as well as Administrative Members.
  • The Judicial Members are retired High Court Judges.
  • Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more or the Judge Advocate General who have experience in the post for at least one year.
  • The person holding the office of chairperson of the Armed Force Tribunal must have been either a retired judge of the Supreme Court or a Retired chief justice of the high court.

What are the Power and Jurisdiction of theArmed Force Tribunal:

  • The Tribunal is authorized to handle appeals concerning court-martial orders, decisions, findings, or sentences, as well as related matters.
  • It possesses the authority to grant bail to individuals in military custody.
  • The Tribunal can replace the court martial’s findings by:
    • Remitting the entire or a portion of the sentence, with or without conditions.
    • Lessening the awarded punishment.
    • Substituting the punishment with a lesser one or increasing the sentence imposed by the court martial.
  • The Armed Forces Tribunal has both Original and Appellate Jurisdiction.
  • The Tribunal operates in accordance with the Armed Forces Tribunal (Procedure) Rules of 2008.
  • All tribunal proceedings are conducted in the English language.
  • Typically, the Tribunal follows the procedures observed in High Courts.

What is the exceptions with respect to Armed Forces Tribunal:

  • Paramilitary forces including the Assam Rifles and Coast Guard are outside the tribunal’s purview. 
  • Armed Forces Tribunal is considered to be a criminal court with respect to Indian Penal Code and Code of Criminal Procedure.
  • Appeals against the decision of the  Armed Forces Tribunal can be taken in the High courts also after three-judge bench headed by justice Sanjay Kishan Kaul overruled the 2015 verdict (Union of India v Shri Kant Sharma) by a two-judge bench.
CJI bench pauses transfer of Armed Forces Tribunal Judge Polity