Armed Forces Tribunal Bill, 2005 approved by Union Cabinet

Written on December 3, 2007 – 7:28 pm | by Frontier India Strategic and Defence |

The Union Cabinet has approved the amendments proposed by the Ministry to the Armed Forces Tribunal Bill, 2005. A notice for moving the amendments has also been referred to the Rajya Sabha Secretariat.

The salient features of the Armed Forces Tribunal Bill, 2005 includes the provisions for the adjudication or trial by the Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals arising out of orders, findings or sentences of courts-martial held under the said Acts and for matters connected therewith or incidental thereto.

The Bill amongst others contains provisions for establishment of the Tribunal and Benches thereof; eligibility criteria for appointment of Chairperson and Members; jurisdiction, powers and authority of the Tribunal; and provisions relating to procedure and appeal etc.

The Tribunal will consist of a Chairperson and such number of Judicial and Administrative Members as determined by the Central Government.

A total number of approximately 169 and 9,755 cases filed by the Armed Forces personnel are pending in the Supreme Court and various High Courts, respectively. A provision exists in the Bill to transfer cases pending before any court including a High Court to the Tribunal.

It is expected that the setting up of the Tribunal will result in speedy and less expensive dispensation of justice to the Defence Services personnel.

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