HC to decide on arming AFT with contempt powers

HC to decide on arming AFT with contempt powers 

Tribune News Service

December 12, 2013

Chandigarh

The Punjab and Haryana High Court will decide on whether the Armed Forces Tribunal can have powers of contempt.Taking cognisance of a Public Interest Litigation (PIL) seeking grant of powers to the Armed Forces Tribunal (AFT) to enforce the implementation and execution of orders passed by it, the HC today issued notices to the Central Government and the Tribunal. 

Citing several examples, the PIL avers that the Ministry of Defence (MoD) refuses to implement decisions of the AFT even when upheld by the Supreme Court. 

Pointing out that though there is a Section in the AFT Act ordaining execution of its orders,the procedure is not laid down and neither does the AFT have powers of civil contempt. 

The PIL, filed by lawyer 

[Maj] Navdeep Singh, has sought directions to the Law Ministry to either notify or amplify the procedure of execution of AFT orders or that the AFT be directed to initiate criminal contempt proceedings in each case of non-compliance. 

There are more than 3,000 cases of the AFT that have not been complied with by the government on the pretext that the decisions are “against government policy.”

Important cases where orders of the AFT upheld by the SC that have not been implemented include Brig AK Bhutani Vs UOI relating to counter-insurgency allowances to army officers posted to Border Roads Organisation, Col Sanjeev Sehgal Vs UOI relating to implementation of dynamic assured career progression scheme in the Army Medical Corps and Brig TS Sekhon Vs UOI concerning medical reimbursement in a medical emergency while travelling abroad.

'Give more teeth'

• The PIL, filed by lawyer Navdeep Singh, has sought directions to the Law Ministry to either notify or amplify the procedure of execution of AFT orders or that the AFT be directed to initiate criminal contempt proceedings in each case of non-compliance
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• It says the Defence Ministry refuses to implement decisions of the AFT even when upheld by the Supreme Court
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• There are more than 3,000 cases of the AFT that have not been complied with by the government on the pretext that the decisions are "against government policy”.