An Indian website to turn whistleblower on black money scam! Friday, April 29, 2011, 12:29
New Delhi, Apr 29: Among various scams dogging the country, the issue of black money features prominently in the list. With the Hasan Ali case giving many politicians and bureaucrats sleepless nights, the facts were validated further with Julian Assange's comments that Indians holds more black money in Swiss banks than anyone else.
After India saw the drama unfold in the streets of Delhi by anti-corruption crusaders lead by Anna Hazare, there are more anti-graft reformers who wants to bring back all the black money of Indians that have been stashed abroad. The anti-graft organisation Transparency International-India (TII) intends to operate a whistleblower website to recover crores of rupees that have been parked offshore in other tax havens. (Read: Threat lingers on Hasan Ali after Big names revealed)
The ‘Star Action Team’ consisting of lawyers, judges and bureaucrats will gain access to details of black money and post them in a website after verifying them. The facts were revealed in a press conference by the TII at the end of an anti-graft summit.
The anti-graft website will have exclusive information on assets, photographs, documents, videos, names of suspected partners and family members. It will be supported by eminent lawyers and experts who will assist the organisation in judicial backing for the cases. Anupama Jha speaking on behalf of TII said that the movement will see them liaising both Indian and foreign civil society organisations who work towards a similar goal of freedom against corruption.
The organisation also claimed that many individuals and organisations have already volunteered for the cause. The anti-graft organisation, 5th pillar is a partner in the campaign. A representative of 5th Pillar, Vijay Anand said, “The Star Action Team will uncover owners of properties, assets and the life style purchased by plundering the state(public money). It will upload evidences like details of cars and addresses of properties with documentary evidences.”
An Indian website to turn whistleblower on black money scam!
Tracking of visitors to tax havens begins
NEW DELHI: Desperate to curb the flow of black money into the country's economy, the Income Tax department has begun to track all fliers and visitors who travel to tax havens like Switzerland, the Virgin Islands and the Bahamas for personal or business purposes secretly. — PTI
Saturday, May 7, 2011
Friday, May 6, 2011
Army Research And Referral Hospital retrogrades ESM healthcare
Lt Gen Mukesh Sabharwal, PVSM, AVSM*, VSM
The Adjutant General
Adjutant General’s Branch
Integrated HQ of MoD (Army)
Room 280, South BlockDHQ PO, New Delhi -110011
Sub: HEALTHCARE DEFENCE VETERANS
Dear General Sabharwal,
1. On 03 May 2011, I had an opportunity to visit RR Hospital Oncology Department with a relative patient. While waiting for our turn to be seen by the doctor, I happened to read a Notice Board put up in the corridor which has compelled me to write their letter.
2. All along our Military Career, (the post retirement being part of it as the last stage), we were told that Health Care of the Defence Veteran and his/ her spouse would be taken care of by the Govt. We were told that DSSR also mentions so. The ECHS was introduced to further improve the healthcare of defence Veterans. But what is written on the Notice Board referred above, one can safely deduce that any Defence Veteran or his/ her ECHS dependent inflicted with the Cancer will find it most difficult to get the treatment and he is sure to die most probably due to harassment and exhaustion rather than by cancer. I borrowed a paper from the reception counter and copied what was written on the Notice Board. The same is as follows:
All Ex Servicemen to be registered under ECHS for treatment of cancer.
All ECHS members to come to Oncology OPD with reference for ECHS Policlinic.
ECHS members to come to OPD Days (Tuesday, Thursday, Saturday) for consultation between 0900 – 1400hrs.
All patient coming for initial or subsequent visit should get then registered in OPD.
All special investigation or Radiological investigation will be done from civil hospital through ECHS Cell.
Radiotherapy and Chemotherapy will not be provided at this hospital.
Surgery may be offered depending on availability of beds and OT slot, after permission from Commandant.
Medicines and disposable for ECHS members to be collected from ECHS policlinic.
Only patients operated at this hospital will be reviewed here. Others, who have received treatment in civil are to be followed up at the respective hospitals.
3. The analysis
(a) The individual first reports to ECHS, collects the investigation forms, goes to
investigation empanelled hospitals which is difficult to find, gets back to ECHS, collects referral form for RR, reports to RR gets registered and then reports to Oncology department. (The patient and his/her relatives are already exhausted).
(b) ECHS members can visit RR only on OPD Days ie Tuesday, Thursday,
Saturday for consultation between 0900 – 1400hrs. Coming from 50 – 60 Kms away he is late at the reception and may not get his turn that day. This is what a few in the corridor had to tell me.
(c) The notice says that all special investigations or Radiological investigations will
be carried out in civil Hospital through ECHS Cell and not in RR Hospital. The patient returns to ECHS polyclinic which has already been closed for the day. He comes to ECHS, the next day and gets referral forms for investigations, goes to civil hospitals and gets the investigation done. After a few days collects investigation reports from the civil hospital and returns to ECHS Polyclinic. Again waits for his turn, gets referral to RR Hospital and then on OPD day reports to Oncology Dept.
(d) He is seen by the specialist doctor but his ordeal does not end. If Radiotherapy and
Chemotherapy are required to be don, the Notice Board says that these will not be provided at RR Hospital. He then goes back to ECHS polyclinic, is seen by the doctor who then prepares referral for civil hospital.
(e) He then goes to the civil hospital and waits for his turn to be given future date for
the therapy.
(f) The Notice Board also says that surgery if required may be offered depending on
availability of beds and OT Slot that too after permission from Commandant. The individual then starts his journey to reach upto the Commandant to get permission. If he is lucky, to get permission, he returns to oncology department and gets the date for surgery.
(g) The problem is further compounded, the Notice Body says, Medicines and
disposables for ECHS members to be collected from ECHS polyclinic. The patient returns to his dependent ECHS Polyclinic and asks for Medicines and disposables. More often, the local purchase funds would not be available, and the individual is harassed further. He is now at the breaking point.
(h) If he is lucky to get his surgery done at RR, only then he can get himself reviewed at RR. But if he has been operated in any civil hospital, he would have to follow the same tedious procedure to get himself reviewed at the Civil Hospital since RR will not entertain him for any future complications.
5. After reading the Notice Board I looked up and prayed to the God that No defence veteran should ever get Cancer since he is sure to die due to the bureaucratic tedious system of provision of Health Care. Soldier took the oath that Nation comes first then come his comrades and his own comfort the last and accepted to sacrifice his life. But he was assured that the Nation will lookafter his needs. Alas! if the instructions on the Notice Board are any indication, a defence veteran has been left at the VILLAGE WELL AS FIRED CARTRIDGE TO DIE. Dear General Sabharwal, I must admit that my emotions over took and tears rolled down.
6. May we request you to please take up the case at the highest levels and get the system set right to ensure that super specialty care to the Defence Veterans for all type of health problems is provided through single Widow concept. Please treat this MOST URGENT.
With Regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
The Adjutant General
Adjutant General’s Branch
Integrated HQ of MoD (Army)
Room 280, South BlockDHQ PO, New Delhi -110011
Sub: HEALTHCARE DEFENCE VETERANS
Dear General Sabharwal,
1. On 03 May 2011, I had an opportunity to visit RR Hospital Oncology Department with a relative patient. While waiting for our turn to be seen by the doctor, I happened to read a Notice Board put up in the corridor which has compelled me to write their letter.
2. All along our Military Career, (the post retirement being part of it as the last stage), we were told that Health Care of the Defence Veteran and his/ her spouse would be taken care of by the Govt. We were told that DSSR also mentions so. The ECHS was introduced to further improve the healthcare of defence Veterans. But what is written on the Notice Board referred above, one can safely deduce that any Defence Veteran or his/ her ECHS dependent inflicted with the Cancer will find it most difficult to get the treatment and he is sure to die most probably due to harassment and exhaustion rather than by cancer. I borrowed a paper from the reception counter and copied what was written on the Notice Board. The same is as follows:
3. The analysis
(a) The individual first reports to ECHS, collects the investigation forms, goes to
investigation empanelled hospitals which is difficult to find, gets back to ECHS, collects referral form for RR, reports to RR gets registered and then reports to Oncology department. (The patient and his/her relatives are already exhausted).
(b) ECHS members can visit RR only on OPD Days ie Tuesday, Thursday,
Saturday for consultation between 0900 – 1400hrs. Coming from 50 – 60 Kms away he is late at the reception and may not get his turn that day. This is what a few in the corridor had to tell me.
(c) The notice says that all special investigations or Radiological investigations will
be carried out in civil Hospital through ECHS Cell and not in RR Hospital. The patient returns to ECHS polyclinic which has already been closed for the day. He comes to ECHS, the next day and gets referral forms for investigations, goes to civil hospitals and gets the investigation done. After a few days collects investigation reports from the civil hospital and returns to ECHS Polyclinic. Again waits for his turn, gets referral to RR Hospital and then on OPD day reports to Oncology Dept.
(d) He is seen by the specialist doctor but his ordeal does not end. If Radiotherapy and
Chemotherapy are required to be don, the Notice Board says that these will not be provided at RR Hospital. He then goes back to ECHS polyclinic, is seen by the doctor who then prepares referral for civil hospital.
(e) He then goes to the civil hospital and waits for his turn to be given future date for
the therapy.
(f) The Notice Board also says that surgery if required may be offered depending on
availability of beds and OT Slot that too after permission from Commandant. The individual then starts his journey to reach upto the Commandant to get permission. If he is lucky, to get permission, he returns to oncology department and gets the date for surgery.
(g) The problem is further compounded, the Notice Body says, Medicines and
disposables for ECHS members to be collected from ECHS polyclinic. The patient returns to his dependent ECHS Polyclinic and asks for Medicines and disposables. More often, the local purchase funds would not be available, and the individual is harassed further. He is now at the breaking point.
(h) If he is lucky to get his surgery done at RR, only then he can get himself reviewed at RR. But if he has been operated in any civil hospital, he would have to follow the same tedious procedure to get himself reviewed at the Civil Hospital since RR will not entertain him for any future complications.
5. After reading the Notice Board I looked up and prayed to the God that No defence veteran should ever get Cancer since he is sure to die due to the bureaucratic tedious system of provision of Health Care. Soldier took the oath that Nation comes first then come his comrades and his own comfort the last and accepted to sacrifice his life. But he was assured that the Nation will lookafter his needs. Alas! if the instructions on the Notice Board are any indication, a defence veteran has been left at the VILLAGE WELL AS FIRED CARTRIDGE TO DIE. Dear General Sabharwal, I must admit that my emotions over took and tears rolled down.
6. May we request you to please take up the case at the highest levels and get the system set right to ensure that super specialty care to the Defence Veterans for all type of health problems is provided through single Widow concept. Please treat this MOST URGENT.
With Regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Solicitor General finds no time to resolve Rank Pay denied to the Military
From: RDOA India
Sent: 05 May 2011 13:44
Subject: Update IV CPC Rank Pay Case
Dear Sir,
It is intimated that the UOI made a mention and request to the Hon'ble Court today ie 05 May 2011, that the Solicitor General would not be available on 06 May 2011, as such a fresh date be given.
Our Senior Advocte informed the Court that, since the last four to five hearings the SG is not attending the hearing. Justice Aftab Alam asked UOI that this be conveyed to the SG and that he should be present at the next hearing. Next date has been fixed as 11 July 2011.
It is requested that the info be put on RMS for info of all
With regards
Secy RDOA
Sent: 05 May 2011 13:44
Subject: Update IV CPC Rank Pay Case
Dear Sir,
It is intimated that the UOI made a mention and request to the Hon'ble Court today ie 05 May 2011, that the Solicitor General would not be available on 06 May 2011, as such a fresh date be given.
Our Senior Advocte informed the Court that, since the last four to five hearings the SG is not attending the hearing. Justice Aftab Alam asked UOI that this be conveyed to the SG and that he should be present at the next hearing. Next date has been fixed as 11 July 2011.
It is requested that the info be put on RMS for info of all
With regards
Secy RDOA
Wednesday, May 4, 2011
Ex Servicemen boost Anti- Corruption Rally
The Anti- Corruption Rally on 01 May 2011, at Jantar Mantar, New Delhi
Dear Friends,
Jai Hind.
The planned Anti-corruption Rally, at Jantar Mantar, New Delhi, on 01 May 11, went off very well. From small children to very senior citizen– people from all age groups were there.
The march from Jantar Mantar began at 6.00 PM and the last batch reached India Gate around 7.30 PM. Each and everyone taking part in the march was fully motivated, full of josh and highly disciplined. My rough guess is that length of the column on road was 2 km plus. After most of the persons marching reached India Gate, some of the participants took part in ‘Nukkad Dramas’. The rally ended with candle lighting at India Gate. There were large number of organisations seen distributing drinking water among the persons attending the rally. Very large number of media satellite stations, camera men and reporters were deployed at Jantar Mantar, India Gate and all along the route. Surprisingly actual coverage in print media and TV was negligible. Obviously– the media has succumbed to Government pressure.
I had taken some photographs of the rally, some of which are reproduced below.
Due to very little space in between the marching batches and hardly any raised point available in the area or along the route – the desired effect cannot be achieved by these photographs. Vande Matram
In service of Indian Military Veterans
Chander Kamboj
Dear Friends,Jai Hind.
The planned Anti-corruption Rally, at Jantar Mantar, New Delhi, on 01 May 11, went off very well. From small children to very senior citizen– people from all age groups were there.
The march from Jantar Mantar began at 6.00 PM and the last batch reached India Gate around 7.30 PM. Each and everyone taking part in the march was fully motivated, full of josh and highly disciplined. My rough guess is that length of the column on road was 2 km plus. After most of the persons marching reached India Gate, some of the participants took part in ‘Nukkad Dramas’. The rally ended with candle lighting at India Gate. There were large number of organisations seen distributing drinking water among the persons attending the rally. Very large number of media satellite stations, camera men and reporters were deployed at Jantar Mantar, India Gate and all along the route. Surprisingly actual coverage in print media and TV was negligible. Obviously– the media has succumbed to Government pressure.
I had taken some photographs of the rally, some of which are reproduced below.
Due to very little space in between the marching batches and hardly any raised point available in the area or along the route – the desired effect cannot be achieved by these photographs. Vande Matram
In service of Indian Military Veterans
Chander Kamboj
MoD Initiates Slew of Steps to Audit Defence land
MoD Initiates Slew of Steps to Audit Defence land
The Ministry of Defence has initiated several steps to audit the vast land holdings held by the 62 Cantonments and the Defence Estates. Announcing the measures at the first Performance Appraisal Conference of the Chief Executive Officers of the Cantonment Boards here today, the Defence Minister Shri AK Antony said the procedure related to issue of No Objection Certificate for Defence Land would be done strictly according to laid down policy. Shri Antony’s speech was read out in-absentia as he could not attend the function due to indisposition.
Observing that “a few NoCs issued in the past by certain local authorities have earned us a bad name,” Shri Antony said this must be avoided. He declared that all vacant pieces of Defence Land would be constantly monitored to avert encroachment.
“In order to protect vacant pieces of Defence Lands, Camping Grounds and abandoned airfields, it has been decided that they would be guarded by nearby military units and when this was not possible sufficient manpower resources would be placed with the Defence Estates Officers to look after them.”
The Defence Minister announced two important projects for efficiently managing defence estates. “One is regarding the introduction of modern survey technology in the Defence Estates and completing of survey work of all defence land in phase-wise manner within a period of three years. The second project is that of Digitization and Indexing of Defence Land records.”
Shri Antony said that a computerization project to scan, index and microfilm all Defence Land-title related records has been sanctioned by the Defence Ministry. “This is an important project to make land-title related documents easily retrievable as also preserve them for future years.”
The Director-General of Defence Estates (DGDE) is the custodian of more than 17 lakh acres of land holdings in Cantonments and other defence estates, making it the largest land holders in the country.
Based on the recommendations of the Parliamentary Standing Committee on Defence, Shri Antony said that he has initiated steps for Land Audit. Cautioning that the Land Audit does not get reduced to just being a fault-finding exercise by one Department of another, he said that “the intention is to control and monitor adherence to laid down procedures and strengthen the overall land management system.”
Pointing out that the Cantonment Boards have to keep pace with the rapid infrastructure development witnessed in the adjoining municipal bodies in the metros and big cities, the Defence Minister said that the cash-starved Cantonment Boards would have to “look for alternative sources of revenue generation.”
In his address the Minister of State for Defence Shri MM Pallam Raju said that the law has been amended that gives Cantonment Boards the status of deemed municipal bodies. He said that the Defence Estates officials must give priority to get the Cantonment Boards included in the funding earmarked for the municipal committees.
“Ministry of Defence has also been working towards including the select Cantonments in the City Development Plan (CDP) of the adjoining cities which are covered under the Jawaharlal Nehru Urban Renewal Mission. Though the Ministry of Urban Development have agreed to include Cantonments in the CDP of the adjoining cities, the funding for the proposed infrastructure in cantonment areas has remained an issue which is yet to be resoloved.”
Speaking on the occasion Shri Shekhar Agarwal, Special Secretary, Ministry of Defence, said that two circulars on ceding of Defence Land and issue of NoC to Defence and adjoining Lands would be issued later this week, which would streamline the procedures and plug loopholes. The DGDE Shri Ashok Kumar Harnal also spoke on the occasion. PK/Suman (Release ID :71940)
MoD Initiates Slew of Steps to Audit Defence land
Comment: Leasing of Defence Lands is the source of corruption. Measures and methods adopted by Politicians and agents is to make mega bucks in connivance with the local DEO's and Military authorities. All lease deeds need to be examined and reviewed for better management of Defence Estates. All encroachers need to evicted if the intention of MOD is genuine.
The Ministry of Defence has initiated several steps to audit the vast land holdings held by the 62 Cantonments and the Defence Estates. Announcing the measures at the first Performance Appraisal Conference of the Chief Executive Officers of the Cantonment Boards here today, the Defence Minister Shri AK Antony said the procedure related to issue of No Objection Certificate for Defence Land would be done strictly according to laid down policy. Shri Antony’s speech was read out in-absentia as he could not attend the function due to indisposition.
Observing that “a few NoCs issued in the past by certain local authorities have earned us a bad name,” Shri Antony said this must be avoided. He declared that all vacant pieces of Defence Land would be constantly monitored to avert encroachment.
“In order to protect vacant pieces of Defence Lands, Camping Grounds and abandoned airfields, it has been decided that they would be guarded by nearby military units and when this was not possible sufficient manpower resources would be placed with the Defence Estates Officers to look after them.”
The Defence Minister announced two important projects for efficiently managing defence estates. “One is regarding the introduction of modern survey technology in the Defence Estates and completing of survey work of all defence land in phase-wise manner within a period of three years. The second project is that of Digitization and Indexing of Defence Land records.”
Shri Antony said that a computerization project to scan, index and microfilm all Defence Land-title related records has been sanctioned by the Defence Ministry. “This is an important project to make land-title related documents easily retrievable as also preserve them for future years.”
The Director-General of Defence Estates (DGDE) is the custodian of more than 17 lakh acres of land holdings in Cantonments and other defence estates, making it the largest land holders in the country.
Based on the recommendations of the Parliamentary Standing Committee on Defence, Shri Antony said that he has initiated steps for Land Audit. Cautioning that the Land Audit does not get reduced to just being a fault-finding exercise by one Department of another, he said that “the intention is to control and monitor adherence to laid down procedures and strengthen the overall land management system.”
Pointing out that the Cantonment Boards have to keep pace with the rapid infrastructure development witnessed in the adjoining municipal bodies in the metros and big cities, the Defence Minister said that the cash-starved Cantonment Boards would have to “look for alternative sources of revenue generation.”
In his address the Minister of State for Defence Shri MM Pallam Raju said that the law has been amended that gives Cantonment Boards the status of deemed municipal bodies. He said that the Defence Estates officials must give priority to get the Cantonment Boards included in the funding earmarked for the municipal committees.
“Ministry of Defence has also been working towards including the select Cantonments in the City Development Plan (CDP) of the adjoining cities which are covered under the Jawaharlal Nehru Urban Renewal Mission. Though the Ministry of Urban Development have agreed to include Cantonments in the CDP of the adjoining cities, the funding for the proposed infrastructure in cantonment areas has remained an issue which is yet to be resoloved.”
Speaking on the occasion Shri Shekhar Agarwal, Special Secretary, Ministry of Defence, said that two circulars on ceding of Defence Land and issue of NoC to Defence and adjoining Lands would be issued later this week, which would streamline the procedures and plug loopholes. The DGDE Shri Ashok Kumar Harnal also spoke on the occasion. PK/Suman (Release ID :71940)
MoD Initiates Slew of Steps to Audit Defence land
Comment: Leasing of Defence Lands is the source of corruption. Measures and methods adopted by Politicians and agents is to make mega bucks in connivance with the local DEO's and Military authorities. All lease deeds need to be examined and reviewed for better management of Defence Estates. All encroachers need to evicted if the intention of MOD is genuine.
Fake IAS Officer
Reference: Indian fakes galore: Now a fake GOI Memorandum
Hyderabad, April 27
The local police arrested a woman claiming to be an IAS officer in PMO on charges of cheating, police said on Wednesday.
“The woman identified as Suman Singh was a resident of Asifnagar locality here, and was presently staying at Rameshnagar in New Delhi," V Narasimha Reddy, inspector of police in Central Crime Station said . Singh, who was arrested on Tuesday, used to fake her identity as an OSD (officer on special duty), Reddy said. — PTI
Fake woman IAS officer held
Comment: Fake Democracy Graduating!
Hyderabad, April 27
The local police arrested a woman claiming to be an IAS officer in PMO on charges of cheating, police said on Wednesday.
“The woman identified as Suman Singh was a resident of Asifnagar locality here, and was presently staying at Rameshnagar in New Delhi," V Narasimha Reddy, inspector of police in Central Crime Station said . Singh, who was arrested on Tuesday, used to fake her identity as an OSD (officer on special duty), Reddy said. — PTI
Fake woman IAS officer held
Comment: Fake Democracy Graduating!
Is AFT a Judicial Forum?
AFT not a truly judicial forum, rules Delhi HC
Empowers HCs to review tribunal orders by Vijay Mohan, Tribune News Service
Chandigarh, April 27
In a ruling that has wide ramifications on adjudication of service disputes pertaining to the Armed Forces personnel, the Delhi High Court has ruled that the High Courts are constitutionally empowered to review decisions by the Armed Forces Tribunal (AFT).
The Armed Forces Tribunal Act 2007 had stipulated that appeals against AFT orders would lie directly with the Supreme Court. “The AFT, being manned by personnel appointed by the Executive, albeit in consultation with the Chief Justice of India, cannot be said to be truly a judicial review forum as a substitute to HCs that are constitutional courts and the power of judicial review, being a basic feature of the Constitution, under Article 226 and Article 227 of the Constitution is unaffected by the constitution of the AFT,” a division bench, comprising Justice Pradeep Nandrajog and Justice Suresh Kait ruled yesterday.
“Further, Article 227(4) of the Constitution takes away only the administrative supervisory jurisdiction of the HCs over the AFT and does not impact their judicial supervisory jurisdiction. Thus, decisions by the AFT would be amenable to judicial review by HC under the Article 226 as also the Article 227 of the Constitution,” the bench further ruled. Tribunals can perform a “supplemental as opposed to a substitutional” role vis-a-vis the HCs, the bench held.
The AFT was set up to exercise an appellate jurisdiction with respect to orders, findings or sentences of court martial and exercises original jurisdiction with respect to service disputes. The purpose behind it was to provide a dedicated forum for quick redressal of grievances to the armed forces personnel as disposal of cases in the high court took a long time.
The bench held that the right to file an appeal before the SC created as mentioned in the Act meant that the right to appeal to the Supreme Court is not a matter of right, but a matter of discretion to be exercised by the AFT. Further, the discretion of the AFT is limited only to a point of law of general public importance and not every point of law that may have arisen during proceedings.
The HC’s order has also kicked up a debate in legal circles. Some lawyers say that it would be easier for litigants to file appeals against the AFT orders, as it was procedurally, psychologically, financially and physically easier and faster to approach a HC than the SC. Others are of the opinion that if appeals against the AFT orders lie with the HC, then the very purpose of setting up the Tribunal is negated as the HC would again be burdened with additional cases, besides further lengthening the judicial process and disposal time.
AFT not a truly judicial forum, rules Delhi HC
Empowers HCs to review tribunal orders by Vijay Mohan, Tribune News Service
Chandigarh, April 27
In a ruling that has wide ramifications on adjudication of service disputes pertaining to the Armed Forces personnel, the Delhi High Court has ruled that the High Courts are constitutionally empowered to review decisions by the Armed Forces Tribunal (AFT).
The Armed Forces Tribunal Act 2007 had stipulated that appeals against AFT orders would lie directly with the Supreme Court. “The AFT, being manned by personnel appointed by the Executive, albeit in consultation with the Chief Justice of India, cannot be said to be truly a judicial review forum as a substitute to HCs that are constitutional courts and the power of judicial review, being a basic feature of the Constitution, under Article 226 and Article 227 of the Constitution is unaffected by the constitution of the AFT,” a division bench, comprising Justice Pradeep Nandrajog and Justice Suresh Kait ruled yesterday.
“Further, Article 227(4) of the Constitution takes away only the administrative supervisory jurisdiction of the HCs over the AFT and does not impact their judicial supervisory jurisdiction. Thus, decisions by the AFT would be amenable to judicial review by HC under the Article 226 as also the Article 227 of the Constitution,” the bench further ruled. Tribunals can perform a “supplemental as opposed to a substitutional” role vis-a-vis the HCs, the bench held.
The AFT was set up to exercise an appellate jurisdiction with respect to orders, findings or sentences of court martial and exercises original jurisdiction with respect to service disputes. The purpose behind it was to provide a dedicated forum for quick redressal of grievances to the armed forces personnel as disposal of cases in the high court took a long time.
The bench held that the right to file an appeal before the SC created as mentioned in the Act meant that the right to appeal to the Supreme Court is not a matter of right, but a matter of discretion to be exercised by the AFT. Further, the discretion of the AFT is limited only to a point of law of general public importance and not every point of law that may have arisen during proceedings.
The HC’s order has also kicked up a debate in legal circles. Some lawyers say that it would be easier for litigants to file appeals against the AFT orders, as it was procedurally, psychologically, financially and physically easier and faster to approach a HC than the SC. Others are of the opinion that if appeals against the AFT orders lie with the HC, then the very purpose of setting up the Tribunal is negated as the HC would again be burdened with additional cases, besides further lengthening the judicial process and disposal time.
AFT not a truly judicial forum, rules Delhi HC
Monday, May 2, 2011
Osama's killing proof that 26/11 terrorists in Pak: Chidambaram
India on Monday said the killing of global terrorist Osama bin Laden was a matter of grave concern as it proved that terrorists belonging to different groups find sanctuary in Pakistan.
Union Home Minister P Chidambaram said in a statement that perpetrators of the Mumbai terror attacks, including the controllers and handlers of the terrorists, continue to be sheltered in Pakistan.
He said that earlier today the US government informed New Delhi that Osama bin Laden had been killed by security forces somewhere "deep inside Pakistan."
"After the September 11, 2001 terror attack, the US had a reason to seek Osama bin Laden and bring him and his accomplices to justice," the statement said.
"We take note with grave concern that part of the statement in which President (Barack) Obama said that the fire fight in which Osama bin Laden was killed took place in Abbotabad 'deep inside Pakistan'.
"This fact underlines our concern that terrorists belonging to different organisations find sanctuary in Pakistan," he said.
The Home Minister said in the wake of this incident "we believe that perpetrators of the Mumbai terror attacks, including the controllers and handlers of the terrorists who actually carried out the attack, continue to be sheltered in Pakistan.
"We once again call upon the Government of Pakistan to arrest the persons whose names have been handed over to the Interior Minister of Pakistan as well as provide voice samples of certain persons who are suspected to be among the controllers and handlers of the terrorists." (BJ-02/05)
Osama's killing proof that 26/11 terrorists in Pak: Chidambaram
Union Home Minister P Chidambaram said in a statement that perpetrators of the Mumbai terror attacks, including the controllers and handlers of the terrorists, continue to be sheltered in Pakistan.
He said that earlier today the US government informed New Delhi that Osama bin Laden had been killed by security forces somewhere "deep inside Pakistan."
"After the September 11, 2001 terror attack, the US had a reason to seek Osama bin Laden and bring him and his accomplices to justice," the statement said.
"We take note with grave concern that part of the statement in which President (Barack) Obama said that the fire fight in which Osama bin Laden was killed took place in Abbotabad 'deep inside Pakistan'.
"This fact underlines our concern that terrorists belonging to different organisations find sanctuary in Pakistan," he said.
The Home Minister said in the wake of this incident "we believe that perpetrators of the Mumbai terror attacks, including the controllers and handlers of the terrorists who actually carried out the attack, continue to be sheltered in Pakistan.
"We once again call upon the Government of Pakistan to arrest the persons whose names have been handed over to the Interior Minister of Pakistan as well as provide voice samples of certain persons who are suspected to be among the controllers and handlers of the terrorists." (BJ-02/05)
Osama's killing proof that 26/11 terrorists in Pak: Chidambaram
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