Chandigarh, October 16
The Armed Forces Tribunal (AFT) Chandigarh Bench Bar Association has termed the comments made by the Attorney General (AG) before the Supreme Court that there was some kind of a racket going on involving cases pertaining to disability pension of soldiers as “highly disturbing”.
The comments were made by AG R Venkataramani last week during the hearing of a petition filed by the Association challenging the transfer of Justice Dharam Chand Chaudhary from the Chandigarh Bench to Kolkata Bench.
The Association had averred that it was a direct assault on the independence of the judiciary because strict orders were being passed against senior government officials for non-implementation of AFT judgments.
In a statement issued here today, the Association said that the AG made “many disparaging, factually incorrect and derogatory comments” regarding judicial functioning of the AFT.
The Association said that such statements reflect not only direct assault on the independence of the AFT, demeaning to all judicial members and lawyers practicing in the AFT but also an affront to the sacrifices of our soldiers
Pointing out that the AFT was only passing orders based on the law settled and upheld by the Supreme Court, the association said that the uncharacteristic remarks by the AG, who is a thorough gentleman, clearly were based on what he was briefed.
The real racket, the association said, was the Defence Ministry filing mindless unnecessary appeals against AFT orders in favour of disabled soldiers, widows and old pensioners in settled matters, often against legal advice and even against direct orders of the successive defence ministers, thereby wasting tax payers’ money.
The association said that hundreds of soldiers who have lost their limb or suffered grave medical conditions due to stress and strain of military service are currently before various courts seeking disability benefits, and their widows are seeking death benefits due to death in harness due to disabilities. The AG must spend a day in the life of a common soldier to know the reality of military life, the Association said while urging him to introspect on the actual situation.
On the AG’s submission that the judicial member was being advised by the AFT Chairperson regarding the execution petitions, the Association raised the question whether the Chairperson, who is only the administrative head, advise another judicial member on his judicial functioning and interfere with the functioning of another judge.