Indian Military Veterans

MAJOR GENERAL MAY FACE JAIL AS AFT ISSUES NOTICE FOR NON IMPLEMANTATION OF COURT ORDERS

In a serious turn of events, the Armed Forces Tribunal (AFT) has issued a notice to a Major General , for defying AFT orders, who is serving as the Additional Director General (ADG), Personnel Services. The Tribunal has taken strict action against the officer due to his disregard for the Tribunal’s directives. The Chandigarh Bench of the AFT has sent a show-cause notice to the officer, asking him to explain why he shouldn’t be jailed for contempt of court for failing to follow the Tribunal’s instructions. Source: The Tribune

Background of the Case

The issue started when the AFT directed the ADG to submit an affidavit with updates on pending cases as per AFT orders. This directive, issued in February 2024, was clear and direct, requiring the officer to provide the most recent information to the Tribunal. The case was then adjourned until August 8, 2024, giving the ADG ample time to comply. However, the ADG did not file the required affidavit by the deadline, prompting the AFT to issue a contempt of court notice. The Tribunal also ordered the officer to appear in court in person.

Defiance of AFT Orders

Despite clear AFT orders, the ADG failed to submit the required documents and did not appear in person. On August 30, 2024, the AFT noted this failure and that the officer had tried to avoid appearing personally by sending another officer representative to make the request, which was denied. The Tribunal found that the ADG’s absence was due to personal reasons, not official duties, as evidenced by the hesitant responses of the subordinate officer who appeared via video conferencing on behalf of the ADG.

The AFT’s Bench, consisting of Justice Sudhir Mittal and Air Marshal Manvendra Singh, expressed strong disapproval of the officer’s behavior. The Bench stated, “The officer’s conduct clearly shows that he has no respect for orders issued by competent courts.” The Tribunal also noted that the ADG’s actions amounted to deliberate disobedience of the court’s orders, which could not be ignored.

The Ministry of Defence (MoD) has been actively challenging numerous cases related to disability pensions awarded to retired officers and soldiers. This includes hundreds of cases where the MoD has instructed legal cells of all Army commands to file writ petitions in high courts against the rulings made by various Armed Forces Tribunals (AFTs) . The MoD’s actions have been driven by an internal audit revealing that a significant percentage of officers were claiming disabilities to receive higher pensionary benefits. This comprehensive legal challenge has added to the complexity of the ongoing disputes between the MoD and ex-servicemen seeking disability pensions.

Legal Implications and Possible Consequences

The AFT has issued a show-cause notice to the ADG, questioning why he should not be jailed for ignoring AFT orders. Given the seriousness of the situation, the Tribunal has asked the officer to explain his continuous defiance of the court’s directives. The next hearing is set for September 4, 2024, when the Tribunal will decide the officer’s fate based on his response or lack thereof.

Legal experts stress that the AFT’s actions show how crucial it is to follow court orders, especially for top military officials. The Contempt of Courts Act, 1971, allows for serious penalties, including jail time, for those who ignore court orders. The AFT’s warning to the ADG highlights the court’s strong stance against anyone who blatantly disregards its authority.

Broader Context and Reactions

This case has drawn attention from legal experts and Ex-Servicemen organizations. Ex-servicemen groups have criticized the Defence Ministry for challenging AFT orders that favor disabled soldiers, pensioners, and widows. There is growing frustration among veterans over the Ministry’s tendency to contest AFT decisions in higher courts, despite many of these issues already being settled by the Supreme Court.

This practice of dragging vulnerable veterans through prolonged legal battles, often reaching the Supreme Court even when favorable rulings have been made by AFT and High Courts, causes unnecessary stress and hardship to those who have served the nation.

Conclusion

The AFT’s decision to possibly jail a Major General shows how important it is to follow AFT orders. This action shows how seriously the courts take ignoring their rules. The next hearing on September 4, 2024, will be closely watched because it could change how the military and other government groups deal with court orders. This case also shows how the military and the legal system work with the civilian courts, especially regarding the rights and needs of veterans and active personnel. The result could have a big impact on how the armed forces and the courts interact, especially in following and respecting court orders.

This may mark the beginning of finally implementing long-pending AFT orders from the past two years.