Jammu & Kashmir High Court Seeks Centre's Response On Functioning Of Armed Forces Tribunal in Jammu

A Single Bench of Justice Sanjeev Kumar has granted four weeks' time to the Assistant Solicitor General, Vishal Sharma, to file a counter affidavit in the matter.

The direction was made on a writ petition filed by an ex-army personnel, Mohd Rafiq Malik, complaining that the Armed Forces Tribunal has not been functioning in Jammu ever since the pandemic hit, thus depriving him of access to Justice.

The plea filed through AAG Aseem Sawhney stated,

"No hearing is being conducted by AFT at Jammu while as Video Conference, i.e., virtual mode is possible which is convenient for Jammu. After Covid-19 the AFT is not sitting at Jammu and therefore, the petitioner is deprived of Justice."

Background

The Petitioner was dismissed from services in May 2010, allegedly on a false ground that he performed second marriage during subsistence of his first marriage.

He submitted that he had obtained a legal divorce of his first marriage in August 2009 and had the same registered with a Molvi and from a notary. It was argued that the order of his dismissal is completely illegal, baseless and against the provisions of Army Act and Rules 22- 23 & 180.

In the instant petition, he submitted that his plea challenging the termination of his services was transferred to the Armed Forces Tribunal from the High Court in 2016. However, the same is pending till date and has not been listed after Covid-19 pandemic.

After hearing the submissions made by the Petitioner's counsel, the Court sought the Centre's response with respect to functioning of the Tribunal in Jammu.

The matter is listed for hearing on March 30.

Case Title: Mohd Rafiq Malik v. Union of India & Ors.

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