AFT Bar sees MoD hand in judge transfer, takes matter to CJI

“It is now highly regretted to inform you that a video clip which has gone viral on social media of an event conducted by the Defence Accounts Department on October 1, 2023, shows the Honourable Defence Minister (Raksha Mantri) openly admitting the interference of the Ministry in the matter of the transfer of the Judicial Member just before he could hear the case of contempt, wherein he is openly heard saying ‘that one cannot keep everybody happy and one of your officers just got saved and escaped’,” the letter to CJI says.

It quotes Rajnath Singh as saying, “Accounts Department toh apne aap mein aisa department hota hai jiski zimmedaari lekar aap sabko khush nahi rakh sakte. Koi na koi naaraaz hoga pakki baat hai. Kyonki sansadhan seemit hote hai aur dekhiye aap ke yahan ek adhikari jaate jaate bach gayi.”

The letter says that the minister further added that a hint was enough regarding this incident, “leading to laughter from the audience, which shockingly included the same contemnor he was referring to”.

The letter points out that on August 4, 2023, as reported in the media and also in an official press release, the minister also told the members and the chairperson of the AFT, “there was a need to slow down the disposal and be careful while expediting judicial process since ‘Justice hurried is Justice buried’”.

“This resulted in certain members saying openly in courtrooms that the case disposal would have to be slowed down by the Tribunal. One can imagine the negative effect on the confidence of litigants before the AFT wherein the Defence Ministry (the opposite party and first litigant in all litigations before the Tribunal) is itself advising a Court of Law as to how it is to conduct its litigation, and members of the said court dutifully following it,” the letter to CJI says.

The Bar association clarified that it was not questioning the integrity of the Raksha Mantri or Defence Secretary “who are both known to be honest gentlemen”, but pointing out as to how they are being misguided by MoD officials, especially of the Accounts/Finance Department, who face much heat and strict orders from various Courts and Tribunals and try to mislead the higher authorities about the functioning of the Courts.

“In any case, whatever might be the reasons for this direct attack on the independence of the AFT, this is neither acceptable to the lawyers nor litigants and has shaken the faith of the vast population of ex-servicemen, disabled ex-servicemen and widows who constitute the majority of litigants before the Tribunal,” the letter says.

The Bar association seeks “effective steps to nip this malaise in the bud by taking cognisance” of the matter. The AFT Bar in Chandigarh has been on strike against the transfer of Justice Chaudhary and has earlier too written to the CJI alleging defence ministry’s interference in AFT matters. Justice Chaudhary was transferred from AFT Chandigarh bench to AFT Kolkata bench owing to strict orders being passed by him against government officials, AFT’s Chandigarh Bar Association has alleged.