Mumbai AFT leaves ESM in a lurch

On Friday, a 1971 war veteran breathed his last, and departed for his journey beyond life without a fair chance of seeking justice.

Captain (retd) Narendrakumar Bhosale, 73, had been pursuing a case to avail retirement benefits from the Indian Army. He, however, did not make much headway because of a non-functional armed forces tribunal in Mumbai. The tribunal was set up in September 2009 but has not been able to conduct any judicial work due to space constraint.

But captain Bhosale and many other servicemen like him do not have anywhere to go for justice as the Bombay high court does not have jurisdiction over their cases while an armed forces tribunal exists in the region.

The tribunal located ahead of the army canteen near the Afghan Church at Colaba is nothing close to a landmark. It can be identified only from a computer printout pasted on the building wall that shows the parking reservation for the armed forces tribunal.

“Although the tribunal has been set up, it is non-functional,” said Satendra Kumar, advocate for captain Bhosale and many other servicemen whose cases are in a limbo. “The only option left for servicemen seeking justice is to go to the principle bench in Delhi, which is not possible for most of them. Serving officers don’t get leave to attend court cases.”

The tribunal was set up as per the Armed Forces Tribunal Act, 2007. “There are seven regional benches — Chandigarh, Lucknow, Kolkata, Kochi, Hyderabad, Jaipur, and Mumbai — with the principal bench in Delhi. Except for the one in Mumbai, all benches are functional,” Kumar said.

Captain Bhosale’s wife, Sheel, 61, said the government had let down the men who once staked their lives for the country. “He had been pursuing his case since 1998. He visited the administrative office in Allahabad, and relentlessly fought his case in court. He could never avail any retirement or medical benefits either,” said the wife of the 1965 and 1971 war veteran. “Had he been there, he would have explained his ordeal step by step,” Sheel told DNA over the phone from Pune. “Had the tribunal in Mumbai been judicially active, captain Bhosale would surely have got justice before his death.”

“Some of the servicemen are poor sailors who cannot afford trips to Delhi,” said advocate AP Singh representing many servicemen in court. “They come from interior parts of Maharashtra, Goa. What is the use of having a tribunal if it does not function?” -via DNA
Mumbai AFT leaves ESM in a lurch
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