The setting up of the AFT which is bound to bring the much needed relief to military litigants, shall also ensure handling of critical issues by former members of judiciary who would be from outside the ‘chain of command’ and therefore dealing cases with a clean slate with no biases or prejudices. They shall of course be assisted by former military officers- the administrative members, who would, with consensus, be providing important inputs resulting in what hopefully would be well-rounded judicial pronouncements meeting the aspirations of all affected. The AFT would also be in conjunction with the observations by the Supreme Court about providing a proper appellate body for courts martial. But the AFT, without in-house introspection (below) would not be an answer to the shortcomings of the system. What needs to be eliminated is the subjectivity at all levels, starting from initial stages of Inquiry ending with the Trial. The letter of law at all stages needs to be followed in spirit and not as a sheer formality, an effective system of defence for the accused needs to be put into place and senior officers in the chain of command need to be sensitised so as not to interfere in the deliverance of justice in the military. Presiding officers and officers of the JAG Branch have to be absolutely inert from slanted influences and pre-decisions at all levels. Objectivity, change in judicial perception coupled with the inception of the AFT, hopefully this would put to rest those strong adjectives for military system of jurisprudence.
Posted by Navdeep/ Maj Navdeep Singh at 5:25 AM
Comment: We need to keep track of the first case and its judgement for Military Records. Will Pension anomalies hanging fire for decades be resolved? What about string of cases pending in courts? Will we see the syndrome of delayed Justice redeemed for litigants?
Monday, June 15, 2009
Armed Forces Tribunal: Coming of age, will it take off?
Subscribe to:
Post Comments (Atom)
Disclaimer
The contents posted on these Blogs are personal reflections of the Bloggers and do not reflect the views of the "Report My Signal- Blog" Team.
Neither the "Report my Signal -Blogs" nor the individual authors of any material on these Blogs accept responsibility for any loss or damage caused (including through negligence), which anyone may directly or indirectly suffer arising out of use of or reliance on information contained in or accessed through these Blogs.
This is not an official Blog site. This forum is run by team of ex- Corps of Signals, Indian Army, Veterans for social networking of Indian Defence Veterans. It is not affiliated to or officially recognized by the MoD or the AHQ, Director General of Signals or Government/ State.
The Report My Signal Forum will endeavor to edit/ delete any material which is considered offensive, undesirable and or impinging on national security. The Blog Team is very conscious of potentially questionable content. However, where a content is posted and between posting and removal from the blog in such cases, the act does not reflect either the condoning or endorsing of said material by the Team.
Blog Moderator: Lt Col James Kanagaraj (Retd)
Neither the "Report my Signal -Blogs" nor the individual authors of any material on these Blogs accept responsibility for any loss or damage caused (including through negligence), which anyone may directly or indirectly suffer arising out of use of or reliance on information contained in or accessed through these Blogs.
This is not an official Blog site. This forum is run by team of ex- Corps of Signals, Indian Army, Veterans for social networking of Indian Defence Veterans. It is not affiliated to or officially recognized by the MoD or the AHQ, Director General of Signals or Government/ State.
The Report My Signal Forum will endeavor to edit/ delete any material which is considered offensive, undesirable and or impinging on national security. The Blog Team is very conscious of potentially questionable content. However, where a content is posted and between posting and removal from the blog in such cases, the act does not reflect either the condoning or endorsing of said material by the Team.
Blog Moderator: Lt Col James Kanagaraj (Retd)
No comments:
Post a Comment