SC Sets Aside U'Khand HC Direction To Establish Permanent Bench Of AFT In The State [Read Order]

The Union of India, had approached the Apex Court against the said direction issued by the High Court, contending that volume of work (220 cases) does not justify setting up of a permanent Bench.

In a brief order, the bench comprising CJI Ranjan Gogoi and Justice Sanjiv Khanna observed: "We are of the view that the issue with regard to setting up of a permanent Bench and continuation of circuit benches of the Tribunal ought not to be the subject matter of determination by a judicial forum unless the facts of the case are so appalling that judicial interference will be called for. The present, in our considered view, is not such a case."

HC Judgment

The High Court had allowed an ex- serviceman lawyer's plea seeking establishment of a permanent Bench of Armed Forces Tribunal in the State of Uttarakhand, citing difficulty for the serving as well as retired ex-servicemen to have access to the Armed Forces Tribunal at Lucknow.

In the judgment, responding to the objection of the Union of India, the bench comprising of Justices Rajiv Sharma and Lokpal Singh had observed: "In case, there is a permanent Bench in the State of Uttarakhand, the number of cases would also automatically go up. The number may be low today but it is likely to increase with the passage of time. The Central Government is empowered, under sub-section (4) of Section 5 of the Act, to establish Benches by issuing a necessary Notification. Speedy justice is the fundamental right under Article 21 of the Constitution of India. We, as a nation, are proud of the armed forces. The sacrifices made by the armed forces personnel during the active war and in peace cannot be forgotten. It is the duty cast upon the society as a whole to ensure that their grievances are redressed immediately. The Central Government cannot deny issuing notification for establishment of Regional Bench of Armed Forces Tribunal in the State of Uttarakhand on the pretext of huge expenditure. It is the duty of the Central Government to provide speedy justice to its citizens more particularly to the ex-servicemen."

Read Order