AFT Chandigarh Bar Association Objects To Attorney General's 'Racket On Disability Pension Cases' Comment

The Armed Forces Tribunal Chandigarh Bench Bar Association has taken objection to the remark made by the Attorney General for India before the Supreme Court that there was a racket running on disability pension cases. Attorney General R Venkataramani made the statement last Friday while defending the transfer of a judicial member of the AFT Chandigarh bench to another bench.

In a press note released on Monday, the Association said the AG made "many disparaging, factually incorrect and derogatory comments" regarding judicial functioning of the AFT and called disability pension cases of disabled soldiers a "racket".

"The uncharacteristic remarks made by the learned AG, who is a thorough gentleman, clearly were based on what he was briefed", said the Association which took "strong exception to the demeaning comments made by the learned Attorney General in open court against judicial bodies and disabled soldiers."

The Association said the AFT is only passing orders based on law settled by the Supreme Court. "Many such orders have been challenged and upheld till the Apex Court by detailed judgments. In that sense, the statement of the AG reflects his poor opinion on the law laid down by the Hon'ble Supreme Court on disability benefits,"it added.

It said that more than 15,000 disability pension cases have been decided in favour of disabled soldiers by the Supreme Court, High Courts and AFT, and to call all these cases a "racket" does not behove the AG. "On 10th Dec 2014 in a bunch matter led by Civil Appeal 418 of 2012, more than 800 appeals filed against disabled soldiers by the MoD were dismissed on a single day by a Three Judge Bench of the Apex Court, was that a "racket" in the opinion of the AG?," the Association questioned.

Furthermore, the Association writes that the "real racket" is the MoD filing mindless and unnecessary appeals, reviews, and leave to appeal applications, against disabled soldiers, widows, and old pensioners in settled matters.

This is done even against legal advice and orders of successive Defence Ministers, denting the public exchequer and wasting taxpayers' money, despite having faced multiple strictures by the Courts, it added.

The letter also referred to Apex Court's decision in Union of India vs Peeyush Bahuguna wherein it expressed "displeasure at the manner in which the appellants (MoD) have been filing appeals against grant of disability pensions, even where the legal issue is settled."

Reliance was also placed upon the case of Union of India vs Pirthwi Singh (2018) in which the Supreme Court said, "The couldn't-care-less and insouciant attitude of the Union ofIndia (MoD) with regard to litigation, particularly in the Supreme Court, has gone a little too far as this case illustrates. To make matters worse, in this appeal, the Union of India has engaged 10 lawyers, including an Additional Solicitor General and a Senior Advocate!...the Union of India has created a huge financial liability by engaging so many lawyers for an appeal whose fate can be easily imagined on the basis of existing orders of dismissal in similar cases. Yet the Union of India is increasing its liability and asking the taxpayers to bear an avoidable financial burden for the misadventure."

Adding that the AG's remark was at odds with the Apex Court's observations, the letter hoped that "the AG would introspect to identify the real "racket" keeping in view the mindless litigation initiated since past many years by the MoD which is continuing unabated and non-implementation of judicial orders."

The Association further added that the AG also made an "off-the-cuff remark" questioning as to how the Bar Association is interested in the matte. "May we remind the Learned AG that it is lawyers and the Bar which have historically taken a stand to protect judicial institutions and their independence. We must also not forget the stellar role played by the Madras Bar Association in recent times on the subject of tribunalisation, including the setting-up of the entire 'NationalTax Tribunal' being quashed by a Constitution Bench," the letter stated.

The letter concluded stating the Association would not remain a mute spectator "even if we have to make a million efforts, and would come to the aid of not only the soldiers and other pensioners whose dignity is at stake, but will also not cower down or be over whelmed by such demeaning statements, even if these are made by the senior- most law officer of this country."  

Click here to read/download the letter