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MPs' panel favours changes in armed forces
tribunal act
Wednesday March 20, 2013 08:41:23 PM,
IANS
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New Delhi: In its
report to parliament Wednesday, the Standing Committee on Defence
said that the defence ministry needs to amend the Armed Forces
Tribunal Act, 2007.
In its report, the committee said that a need has been felt by the
defence ministry to amend the Armed Forces Tribunal Act, 2007, to
provide the tribunal with stability and confer powers of civil
contempt so that it can exercise the same powers, jurisdiction and
authority in respect of civil contempt as a high court.
The standing committee backed the proposal in the Armed Forces
Tribunal (Amendment) Bill to increase the term of office of the
tribunal's chairperson and has asked the ministry to change
provisions for giving civil contempt powers to the tribunal for
serving and retired defence personnel.
The report on "The Armed Forces Tribunal (Amendment) Bill, 2012,"
said that views of all major stakeholders were in favour of
increasing tenure of chairperson or member from four to five years
and raising the age of judicial members from 65 to 67 years.
On the proposal to give civil contempt powers to the tribunal, the
committee said "dichotomous views" had been expressed by major
stakeholders.
"The committee is of the view that if unfettered civil contempt
powers are bestowed on AFTs (Armed Forces Tribunal), the
discipline would be compromised to a great extent," the report
said.
"Hence, the committee is inclined to give civil contempt powers to
AFTs with regard to the cases of retired defence personnel but
conferment of such powers with regard to serving defence personnel
is not acceptable till the justice delivery system through AFTs is
stabilised," the committee said.
The committee said no serving defence officer should be made to
appear before the tribunal for civil contempt. It asked the armed
forces to develop a strong grievance redress system.
The committee recommend that civil contempt powers proposed to be
given to the tribunal shall be applicable to defence ministry and
and all other civilian organisations apart from retired defence
personnel.
The committee also expressed its dismay over vacancies of judicial
members in AFT.
The armed forces tribunal (amendment) bill was introduced in the
Rajya Sabha Aug 13 last year and was referred to standing
committee Aug 28.
The standing committee on defence is headed by Congress MP Raj
Babbar.
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