Govt proposes amendment to Armed Forces Tribunal Act

The government on Monday proposed an amendment to the Armed Forces Tribunal Act, 2007, seeking to confer the tribunal with more teeth to ensure execution of its orders.

At the moment the AFT lacks the power of “civilian contempt” because of which it cannot ensure implementation of its orders. It is only vested with the power of “criminal because contempt” that does not help most of the time.

Following a series of complaints from AFT members, the government has now decided to make the necessary correction by amending the Act. The amendment bill was introduced in the Rajya Sabha on Monday.

The Act in its present form does not contain any provision for the execution of orders finally passed by the tribunal. As a result of which cases involving serious questions of law of public importance are to be taken to the Supreme Court for appropriate direction, said the statement of object and reasons in the bill.

To overcome the problem, the defence ministry now plans to give the AFT the same power of civilian contempt as that of a High Court. This will empower the tribunal to impose fine on erring parties if its orders are not obeyed.

The amendment also seeks to increase the retirement age for judicial members in the AFT to 67 years from the existing limit of 65 years.

The term of office for all members is proposed to enhance to five years from four years to avoid repeated selection of members in short tenures and provide the tribunal with stability and continuity.

However, in an embarrassing situation for the government, Minister of State for Defence M M Pallam Raju, who was to introduce the bill, was absent in the House when his name was called during the post-lunch session.

Raju came after 10 minutes and had to apologise to the House profusely before he was allowed by the Chair to move the motion.