Since it is one of the biggest jolts to the basic
fundamental rights of defence personnel, veterans and their families, I am
compiling all major reports and opinions on the subject of the recent Supreme
Court decision related to challenges to the orders of the Armed Forces
Tribunal. Those who were laughingly thinking that the decision came as a ‘welfare
measure’ for the military community, please do not forget that the decision has
in fact come on a plea of the Ministry of Defence against judgements of High Courts which had ruled in favour of defence personnel and veterans.
There is still time, go through the databank below and
Wake up!
7 comments:
you have been a relentless fighter for the cause of aggrieved soldiers and veterans of armed forces. However i would appreciate that rather than expending our energy on jurisdiction of high court over AFT the tribunals themselves could be made more independent and robust. with all due respect to the ratio of l chandra kumar the very basis of constituting the specialised tribunals is lost if all their decisions are to be challenged in the high courts.
DEAR MAJ NAVDEEP...WHAT DO WE DO?? PLEASE HELP US OUT.THIS DECISION IS HORRIBLE AND HAS SOUNDED THE DEATH KNELL AS FAR AS OUR RIGHT TO JUSTICE IS CONCERNED!! WE ALL KNOW THAT AFT HAS LIMITATIONS AND THEY ARE UNDER CONTROL OF THE MOD AND NOT THE MINISTRY OF LAW, SO MANY JUDGMENTS OF THEIRS MAY NOT BE CORRECT.HOW DO WE APPEAL??
It is true "Theirs not to make a reply,Theirs not to reason why,theirs but to do &die"even as they enter the civil life under the pressure of family responsibilities.
Dear Navdeep,
A very sorry state indeed. Feel trapped in the system. Often subjected to whimsical decisions. If with great difficulty one challenges and succeeds in AFT, the govt/armed forces will invariably appeal in SC. Apart from the very long delay in judgement (if the SC) agrees to hear the case that is - the litigation is terribly expensive. Which fauji can shell out Rs 5 Lakh plus to the lawyer for a single hearing?
Is there any hope? (other than to try doubly or trebly hard to get out of the system)
Maj Navdeep you are doing a great job for veteran community and we are thankful to you. Rest assure we all are with you. Thanks for the efforts.
PLEASE GUIDE US MAJ NAVDEEP....WHAT IS TO BE DONE NOW TO CORRECT THE SITUATION?? NAVDEEP,U R A WELL CONNECTED MAN...PL ADVISE OUR DECISION MAKERS AS TO HOW THIS HORRIBLE SITUATION CAN BE CORRECTED.
COL SK KAHALI
Dear Sir,
1. Firstly I congratulate you for doing a selfless service to the nation by making all the parties to the issues aware that what wrong is happening for the members of Indian Armed Forces.
2. It is an universal truth that Armed Forces become substitute for every failed organs/departments of the Government without any compensation.
3. It is also an undeniable fact that Armed Forces personnel are the only Govt employee who work for 24 Hrs a day for the pay of only 08 Hrs without any overtime.
4. It is also an undeniable fact that Defence personnel are not compensated for working on Sundays and Holidays either by payment of Overtime allowances or by giving compensatory off.
5. Now the moot question is what is the identity of a Defence person? Is he a lesser citizen of the country or is he step child of mother India? Who is he. There is an urgent need to find answers to these questions within the Defence Forces and the Government before it becomes too late.
Thanks and regards
Cdr GC Rai (Retd)
Indian Navy
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