📍नई दिल्ली | 3 months ago
Indian Army Litigation Policy: Indian Army continues to face the wrath from the Supreme Court for filing frivolous appeals against the veterans and asked government to come out with a litigation policy soon else heavy costs would be imposed on them.
This is the second time in a month’s time, when the top court had pulled up the Ministry of Defence (MoD) for filing frivolous appeals against the veterans before the top court.
The top court warned Centre government stating that if it failed to take corrective action, the court would start imposing fines on frivolous appeals.
The court was hearing an appeal filed by the Union of India against an Armed Forces Tribunal order in 2021 granting disability pension to a retired radio fitter.
SUPREME COURT DIRECTS MoD TO FINALISE LITIGATION POLICY
A bench headed by Justice A S Oka asked Centre to come out with a litigation policy and said, “When government has policy for tax matters, where the government has a structured litigation policy to limit unnecessary appeals, Centre must evolve a similar policy for armed forces cases.”
The bench directed the government to inform the court whether such a policy decision would be taken before the next hearing.
“Why should these persons be dragged to the Supreme Court?There should be some discretion. There should be some policy on who is taken to this court. Maybe in cases where there are high salaries and higher financial implications, the government can decide to appeal. But not in every case,”the bench remarked.
NOT EVERY ORDER FROM TRIBUNAL NEEDS TO BE CHALLENGED
“Each and every member of the armed forces who gets relief from the tribunal need not be dragged to this court,” the short order from the bench stated.
Disability Pension: Over 3000 appeals by MoD pending in Supreme Court and High Court against death and disability benefits
The bench further remarked, “Members of the armed forces notice that their services are taken, and when they develop disabilities, they are first made to go to the Tribunal. Even when they succeed there, they are dragged to this court. What effect does this have on their morale?”
TOP COURT SLAPPED FINE ON CENTRE FOR UNNECESSARY LITIGATION
Last month, top court had also slapped penalty of Rs 50,000 on the Union government and the Indian Army for forcing a soldier’s widow into unnecessary litigation. She had to fight for years to secure a family pension after her husband, Naik Inderjeet Singh, died during a counter terrorism patrol in Jammu and Kashmir.
NEED FOR MORE BENCHES OF AFT
Earlier this month, the top court had mooted to have more regional benches of AFT and had said, “Can we have the regional bench in Chandigarh, and then like we have done in Family Courts, they can hold circuit bench in Jammu, Srinagar, that will give opportunity to local Bar to assist them. It will also lead to cost-effectivity, access to justice for Himachal matters, they can go to Shimla and Dharamshala basic infrastructure is available. High Courts can also provide some that kind of system can help expedite hearings and reduce cost of litigation also. A retired army official coming all the way to Chandigarh, that also can be avoided.”
PENDING APPEALS
There are around 3,000 pending appeals by the defence ministry in several high courts and the apex court regarding death and disability benefits awarded by different tribunals