THE JUDICIARY AND MILITARY LAW
The Armed Forces Tribunal, which came into being in August 2009, provides for adjudication of disputes and complaints about service related matters covering all three branches of the military, including hearing appeals arising out of orders, findings and sentences of courts martial. The AFT has original jurisdiction in service matters and appellate jurisdiction in court martial matters. All cases pending before the High Courts were transferred to the AFT. Its each bench comprises a judicial member, who should have served as a judge of the high court and an administrative member who should have served at a position of major general or equivalent or above. This allows the bench to draw upon legal as well as service expertise.
The biggest drawbacks in the AFT Act is that it the Tribunal does not have the powers of initiating civil contempt, implying that it has no means of ensuring that its orders are implemented by the party or organisation concerned. Further, a recent order by the Delhi High Court that appeals against AFT orders would lie with the High Court and not the Supreme Court as mentioned in the Act, has kicked-up a legal debate. Some say that the purpose of the AFT was to reduce the burden of the High Courts and ensure speedy disposal of cases. Some are of the opinion that if the cases go back to the high court, the purpose of the AFT is negated and things would be back to square one. — TNS
Click here to read more
Friday, November 4, 2011
Armed Forces Tribunal: Legal Headwind
Subscribe to:
Post Comments (Atom)
Disclaimer
The contents posted on these Blogs are personal reflections of the Bloggers and do not reflect the views of the "Report My Signal- Blog" Team.
Neither the "Report my Signal -Blogs" nor the individual authors of any material on these Blogs accept responsibility for any loss or damage caused (including through negligence), which anyone may directly or indirectly suffer arising out of use of or reliance on information contained in or accessed through these Blogs.
This is not an official Blog site. This forum is run by team of ex- Corps of Signals, Indian Army, Veterans for social networking of Indian Defence Veterans. It is not affiliated to or officially recognized by the MoD or the AHQ, Director General of Signals or Government/ State.
The Report My Signal Forum will endeavor to edit/ delete any material which is considered offensive, undesirable and or impinging on national security. The Blog Team is very conscious of potentially questionable content. However, where a content is posted and between posting and removal from the blog in such cases, the act does not reflect either the condoning or endorsing of said material by the Team.
Blog Moderator: Lt Col James Kanagaraj (Retd)
Neither the "Report my Signal -Blogs" nor the individual authors of any material on these Blogs accept responsibility for any loss or damage caused (including through negligence), which anyone may directly or indirectly suffer arising out of use of or reliance on information contained in or accessed through these Blogs.
This is not an official Blog site. This forum is run by team of ex- Corps of Signals, Indian Army, Veterans for social networking of Indian Defence Veterans. It is not affiliated to or officially recognized by the MoD or the AHQ, Director General of Signals or Government/ State.
The Report My Signal Forum will endeavor to edit/ delete any material which is considered offensive, undesirable and or impinging on national security. The Blog Team is very conscious of potentially questionable content. However, where a content is posted and between posting and removal from the blog in such cases, the act does not reflect either the condoning or endorsing of said material by the Team.
Blog Moderator: Lt Col James Kanagaraj (Retd)
No comments:
Post a Comment