WHAT'S HOT - ANALYSIS OF RECENT HAPPENINGS

 APPELLATE TRIBUNAL FOR ARMED FORCES

As per a PTI report the Law Commission in its 169th report to the Government, (which had undertaken a suo moto review at the direction of the Supreme Court), has recommended setting up of an Armed Forces Appellate Tribunal (AFAT). for prompt disposal of cases challenging decisions of Courts Martial by Servicemen. "The Army, Navy and Airforce Acts should be amended, providing for creation of a tribunal to adjudicate disputes and complaints with respect to service conditions." It adds that, "parliament may also consider bringing other para-military forces too under the jurisdiction of this tribunal."

There are over 5000 cases relating to disputes of defence personnel pending in various high courts and a Tribunal would avoid the need for the defence personnel to go to civil courts thus bringing about greater discipline and prompt disposal of their complaints and grievances. The proposed Tribunal would have a retired Supreme Court judge or a retired high court chief justice to preside over it and among other members, one would be a retired defence official not below the rank of Major General or equivalent. The tenure of the president and its members would be four years. When an appeal is preferred by a person holding a rank higher than the rank held by a person appointed as member, the Central Govt would nominate a retired officer of a higher rank than that of the appellant. IDC hopes that such a Tribunal will be created earliest as it has been a crying need for the last 30 years, for keeping the law of the land far removed from the Servicemen.