
The Armed Forces got their long-standing demand today when the Cabinet cleared the proposal for an Armed Forces Tribunal, which will allow adjudication of complaints and disputes within the Services. About 7,300 cases of Armed Forces personnel are pending with various high courts and the Supreme Court.
Unanimously of the opinion that the increasing number of disgruntled personnel taking recourse to civilian justice was compelling the Armed Forces to 8216;8216;wash their dirty linen in public8217;8217;, this will be the first Armed Forces Tribunal for disputes regarding service matters and will open avenues for personnel to seek redressal.
A number of court cases involving officers in the last few years have embarrassed the Services, compelling a flow of information that would normally kept closed if within the military system. Examples include promotion tussle between two Air Vice Marshals and the IAF, cases of sexual harassment or allegedly wrongful dismissal, fake killings by Army personnel.
Announcing the decision after today8217;s Cabinet meet, Finance Minister P Chidambaram said the tribunal will deal with appeals arising out of verdicts of Court Martial of personnel of the Army, Navy and Air Force.
He said the decision was taken in the light of a Supreme Court directive for setting up a quasi-judicial tribunal.
He also said the three chiefs of the Armed Forces had been consulted in this regard and that they had recommended it. The tribunal would be headed by a former judge, he added.
The decision to transfer cases from civilian courts to the tribunal once in place rests with the courts. The decision to establish the tribunal is under Article 246 of the Constitution as per the Armed Forces Tribunal Bill, 2005 which has to be passed by Parliament as it would require amendments to the Army Act, Navy Act and the Air Force Act.