Gang decamps with 40 sovereigns of gold from ex-serviceman's house
Jan 2, 2012, 12.50AM IST TNN
COIMBATORE: Unidentified gang gained entry into an ex-serviceman's house at Theethiapalayam near Perur on and decamped with 40 sovereigns of gold jewels and 6 kg of silver articles. Forensic experts have lifted fingerprints from the crime scene and a special team has been formed to nab the culprits.
According to the police, Sivakumar (40), an ex-serviceman, is working as an office assistant at the ex-servicemens' welfare association office in the city. He went with his family to Vellore to offer prayers in a temple on December 28.
Meanwhile, an unidentified gang entered into Sivakumar's house by breaking open the front door. They had fled from the house after stealing 40 sovereigns of gold jewels and 6 kg's of silver from an almirah in the house. When Sivakumar and his family came back from Vellore on Saturday evening, they found front door of the house broken and the house burgled.
Immediately, Sivakumar alerted the Perur police and a team rushed to the spot with sniffer dog, but was unable to get any clue. Later, forensic experts lifted inger prints from the house.
A special team has been formed to nab the culprits. Police have decided to intensify the night patrol in the area.
Gang decamps with 40 sovereigns of gold from ex-serviceman's house
Comment: Tamilnadu has become a haven for dacoits from Bihar, UP, Andhra, Orissa and MP to freely operate- burgle and escape. It has been revealed they fly in- get information from locals on Mobile phone- burgle or snatch gold ornaments and make a clean and speedy exit leaving the police clueless!
The local informers mostly on two wheelers track customers addresses when they withdraw cash from ATMs, banks and and purchase Gold ornaments and pass them on to professional burglars from other states. Ex Servicemen need to be more extra security concious and be as vigilant as in service.
Showing posts with label Speedy Justice. Show all posts
Showing posts with label Speedy Justice. Show all posts
Saturday, January 7, 2012
Friday, December 16, 2011
Forces Law Gazette
To fill up the vacuum in a very apposite space, I feel pleased today in announcing the release of the first issue of the ‘FORCES LAW GAZETTE’ – a free, non-commercial quarterly newsletter dealing with law & allied issues related to uniformed services of not just India but other democracies as well. Meant more for general reading than use in Courts, the Gazette would consist of three broad categories:
(1) Law Related to Uniformed Services,
(2) Developments & Miscellaneous, and
(3) Contributions & Articles.
The Gazette would remain available through www.lawgazette.net for free download and distribution in pdf format. Of course, the link is also available on my blog Indian Military Info
Bouquets and brickbats are welcome on the comments section on the FLG webpage.
Readers are welcome to distribute and forward this email, and also the Gazette, freely and non-commercially without any inhibition or copyright concerns.
I, the Editorial team and the contributors hope to effectively sustain the concept with the next issue due in March 2012. Contributions in the form of articles are welcome and may be sent to me by email for publication in future volumes.
Thank You,
Major Navdeep Singh
Advocate, High Court
Friday, September 23, 2011
Armed Forces Tribunal to be armed with contempt powers
15 September 2011 Vijay Mohan Tribune News Service
Chandigarh, September 15
The Armed Forces Tribunal will get more teeth as it is expected to be armed with powers of contempt. This would give the Tribunal the much-needed authority to get its judgments and orders implemented by the executing agencies.
At present, the tribunal does not have the powers of civil contempt, under which it can initiate action like the High Court against erring parties if its directives are not implemented. This was perceived as a serious handicap in its functioning. Tribunal’s chairman Justice AK Mathur had, during a visit to Chandigarh some time ago, termed the tribunal as a “toothless” body as a large number of its orders were not being implemented by the defence establishments. Similar views were also expressed recently by Justice Ghanshyam Prashad, a senior judicial member of the Chandigarh Bench.
Sources revealed that the proposal to empower the tribunal with contempt powers has already been approved by the Chiefs of Staff Committee and the Ministry of Law has given its opinion and recommendations on it. The file is now reportedly back with the Ministry of Defence and would be sent to the Cabinet after being cleared by the Defence Minister.
While the Armed Forces Tribunal Act, 2007 conferred powers of criminal contempt, where action can be initiated against anyone for misconduct, obstructing the functioning of the tribunal or showing disrespect to the bench, the provisions relating to civil contempt are ambiguous.
Earlier this year, a judgment of the Kerala High Court, while interpreting the provisions of the Act, brought out that the tribunal has full powers to initiate contempt proceedings if its orders are not implemented. Sources said there is also a proposal to increase the upper age limit for the tribunal’s judicial members.
The tribunal’s bench comprises a judicial member, who should have been a judge of the High Court, and an administrative member, who should have served in the rank of Major General and equivalent for at least three years.
Armed Forces Tribunal to be armed with contempt powers
Chandigarh, September 15
The Armed Forces Tribunal will get more teeth as it is expected to be armed with powers of contempt. This would give the Tribunal the much-needed authority to get its judgments and orders implemented by the executing agencies.
At present, the tribunal does not have the powers of civil contempt, under which it can initiate action like the High Court against erring parties if its directives are not implemented. This was perceived as a serious handicap in its functioning. Tribunal’s chairman Justice AK Mathur had, during a visit to Chandigarh some time ago, termed the tribunal as a “toothless” body as a large number of its orders were not being implemented by the defence establishments. Similar views were also expressed recently by Justice Ghanshyam Prashad, a senior judicial member of the Chandigarh Bench.
Sources revealed that the proposal to empower the tribunal with contempt powers has already been approved by the Chiefs of Staff Committee and the Ministry of Law has given its opinion and recommendations on it. The file is now reportedly back with the Ministry of Defence and would be sent to the Cabinet after being cleared by the Defence Minister.
While the Armed Forces Tribunal Act, 2007 conferred powers of criminal contempt, where action can be initiated against anyone for misconduct, obstructing the functioning of the tribunal or showing disrespect to the bench, the provisions relating to civil contempt are ambiguous.
Earlier this year, a judgment of the Kerala High Court, while interpreting the provisions of the Act, brought out that the tribunal has full powers to initiate contempt proceedings if its orders are not implemented. Sources said there is also a proposal to increase the upper age limit for the tribunal’s judicial members.
The tribunal’s bench comprises a judicial member, who should have been a judge of the High Court, and an administrative member, who should have served in the rank of Major General and equivalent for at least three years.
Armed Forces Tribunal to be armed with contempt powers
Tuesday, June 8, 2010
Bhopal victims, activists fume at 'mockery of justice'
07/06/2010
Bhopal: Victims and activists were furious that seven officials of Union Carbide were on Monday convicted only for criminal negligence, which is punishable with a maximum of two years in jail, despite the enormity of the 1984 Bhopal gas tragedy.
Bhopal victims, activists fume at 'mockery of justice'
Pinnacle of Justice in India
Are the Indian citizens safe? Height of travesty of justice... unbelievable after two decades. The corrupt and the powerful have made Justice in India a mockery of democracy! There seems to be no redemption in the near future... maybe Justice will prevail after the Naxals and Maoists score victory over corruption which will be the saddest day in Indian history. Nation's conscience is tainted and all need to wake before Indian Politics degrades us further! Now the Government yearns that the Military take on the cudgels to fight Maoists and Naxals... the Military itself is a victim of Bureaucracy and ESM remain demoralised!
Friday, May 7, 2010
Frivolous government litigation clogs wheels of justice: Supreme Court
The goverment is the biggest litigant and in November 2009, Supreme Court came heavily against its resorting to unnecessary appeals. Though it loses almost all the cases yet the wheels of justice are clogged for decades and people suffer. One simple example will suffice.
Military officers were wrongly denied Rank Pay’ granted by the 4th Pay Commission. Officers finally got redressal from to the Hon'ble Supreme Court after 24 years. Rather than gracefully honouring the verdict, the govt has appealed for reopening of the case and cancellation of orders. It is nothing but delaying tactics and shows Govt’s callous attitude towards its military.
Is it not enough that the Officers have been made to suffer from January 1986 and in the meantime some of them have even died? Law Minister in the recently concluded All India Conference of the Central Administrative Tribunals, advised that that Government should go in litigation only where it is absolutely necessary. Will the bureaucrats please take the advice?
Brig Harwant Singh (Retd)
President, The All India Defence Brotherhood (Regd)
Statutory authorities should be responsible litigants
Frivolous government litigation clogs wheels of justice: Supreme Court
Military officers were wrongly denied Rank Pay’ granted by the 4th Pay Commission. Officers finally got redressal from to the Hon'ble Supreme Court after 24 years. Rather than gracefully honouring the verdict, the govt has appealed for reopening of the case and cancellation of orders. It is nothing but delaying tactics and shows Govt’s callous attitude towards its military.
Is it not enough that the Officers have been made to suffer from January 1986 and in the meantime some of them have even died? Law Minister in the recently concluded All India Conference of the Central Administrative Tribunals, advised that that Government should go in litigation only where it is absolutely necessary. Will the bureaucrats please take the advice?
Brig Harwant Singh (Retd)
President, The All India Defence Brotherhood (Regd)
Statutory authorities should be responsible litigants
Frivolous government litigation clogs wheels of justice: Supreme Court
Wednesday, April 28, 2010
Indian wizard behind bars for hacking accounts and online computer frauds
Chennai-born man sentenced to 81 months' jail
WASHINGTON: A U.S. court has sentenced Jaisankar Marimuthu, a 36-year-old native of Chennai, to 81 months in prison on charges of identity thefts, hacking and perpetrating an international fraud scheme. The accused was hacking into online brokerage accounts in the U.S. and used the accounts to manipulate stock prices, said Lanny A. Breuer, Assistant Attorney-General with the criminal division. Marimuthu pleaded guilty on February 5 to one count of conspiracy to committing the online securities and computer frauds, as also aggravated identity theft before a district magistrate at Omaha, Nebraska.
The accused, who was extradited to the U.S. following his arrest in Hong Kong, was sentenced on Tuesday before U.S. District Judge Laurie Smith Camp, and ordered to pay $2.4 million in restitution, court officials said.
Marimuthu was part of a conspiracy that operated out of Thailand and India from February 2006 to December 2006, in which the prices of thinly-traded securities were fraudulently inflated by hacking into U.S. brokerage accounts. — IANS
Chennai-born man sentenced to 81 months' jail
WASHINGTON: A U.S. court has sentenced Jaisankar Marimuthu, a 36-year-old native of Chennai, to 81 months in prison on charges of identity thefts, hacking and perpetrating an international fraud scheme. The accused was hacking into online brokerage accounts in the U.S. and used the accounts to manipulate stock prices, said Lanny A. Breuer, Assistant Attorney-General with the criminal division. Marimuthu pleaded guilty on February 5 to one count of conspiracy to committing the online securities and computer frauds, as also aggravated identity theft before a district magistrate at Omaha, Nebraska.
The accused, who was extradited to the U.S. following his arrest in Hong Kong, was sentenced on Tuesday before U.S. District Judge Laurie Smith Camp, and ordered to pay $2.4 million in restitution, court officials said.
Marimuthu was part of a conspiracy that operated out of Thailand and India from February 2006 to December 2006, in which the prices of thinly-traded securities were fraudulently inflated by hacking into U.S. brokerage accounts. — IANS
Chennai-born man sentenced to 81 months' jail
Saturday, December 12, 2009
Lt Gen (Land Scam): Comments from Veteran
Dear Cdr Pathak,
While I can understand your strong feelings, the facts as I understand them are:
1. An NOC has been issued to a private party for establishing a school in 70 acres of land adjacent to 33 corps HQ.
2. Earlier the NOC had been denied on the ground that 200 m around the HQs is security zone.
3. The change of heart came after the MS interfered.
4. The MS was shown as a Director of the school in its brochures specifying within brackets 'after retirement' which is what really attracted attention.
5. The phone calls indicate unwarranted personal interest by the MS.
Now, there is a need to know what is the extent of personal interest beyond being a Director after retirement, though definitely this is in itself sufficient to convict him for moral turpitude.
Now I wish to bring two cases to the notice of our august readers.
One, you may all be familiar with Justice Dinakaran's case. He was recommended to be appointed to the Supreme Court by the collegium of judges. Protest erupted on a large scale by none other than the lawyer community, because of his having encroached on govt land. The District Collector has confirmed this. The Collegium just suspended his nomination claiming that there were no objections when the Collegium had intially cleared his name and there was no provision for cancelling a nomination once made! They have now thrown the ball into the court of the govt to get the matter investigated claimng that the collegium had no means to conduct any such investigation! (What a fraud!). Incidently the CJI who has claimed that his office is out of purview of the RTI Act, which even a 5th standard pass child would say is wrong, and whose stance has been proved wrong officially by the full bench of the Central Information Commission and a single judge of the Delhi High Court, continues to preside over our justice delivery system which has deteriorated to a system to justify the crimes of the rich and powerful!
Two, the Chief Information Commissioner of UP was a tainted man even when he was appointed and RTI activists had made a hue and cry then. For the corrupt behenji, who had hand picked him and appointed him against the objections raised by the leader of the opposition who was the 2nd member of the committee to appoint the IC, it did not matter at all. Now he has been convicted by the UP HC and ordered to pay Rs 50,000/- as fine. He still continues to sit in judgement over RTI disputes in UP enjoying the status of a high court judge!
As a social/ human rights activist for the last 11 plus years I have realised that nothing can change unless the judiciary is made transparent and accountable. The judges, ab intio have the scope for making whimsical decisions. So there was a requirement to question their decisions not merely from the point of the original issues involved but also from the point of view of the personal whims and fancies of the judge involved. Unfortunately, there is provision only for the former and not for the latter which has resulted in gross abuse of office by the judges and plenty of miscarriage of justice. For the one seeking justice, going to court is like jumping from the frying pan into the fire! The injustice is compounded by the archaic provisions in our constitution and the Contempt of Court Act for punishing for contempt of court. While a democracy demands a Contempt of Citizen (Prevention of ) Act, this contempt of court armour given to judges have made them a law unto themselves. This has to change. And this change has to be brought in by the law makers who are our representatives and empowered to bring in the changes we want. The changes we want in the judiciary are listed in the letter I had written to the CJ of Kerala in 2004 (copy attached for perusal). I have also put up an online petition addressed to the Prez/PM to set up a National Judicial Commission to try and punish judges as per laws applicable to ordinary citizens. This is available at http://www.petitiononline.com/jrandac1/petition.html I request you to support it by signing it yourself and also by motivating your friends to sign it.
regards n bw
ravi (Veteran Major P M Ravindran)
While I can understand your strong feelings, the facts as I understand them are:
1. An NOC has been issued to a private party for establishing a school in 70 acres of land adjacent to 33 corps HQ.
2. Earlier the NOC had been denied on the ground that 200 m around the HQs is security zone.
3. The change of heart came after the MS interfered.
4. The MS was shown as a Director of the school in its brochures specifying within brackets 'after retirement' which is what really attracted attention.
5. The phone calls indicate unwarranted personal interest by the MS.
Now, there is a need to know what is the extent of personal interest beyond being a Director after retirement, though definitely this is in itself sufficient to convict him for moral turpitude.
Now I wish to bring two cases to the notice of our august readers.
One, you may all be familiar with Justice Dinakaran's case. He was recommended to be appointed to the Supreme Court by the collegium of judges. Protest erupted on a large scale by none other than the lawyer community, because of his having encroached on govt land. The District Collector has confirmed this. The Collegium just suspended his nomination claiming that there were no objections when the Collegium had intially cleared his name and there was no provision for cancelling a nomination once made! They have now thrown the ball into the court of the govt to get the matter investigated claimng that the collegium had no means to conduct any such investigation! (What a fraud!). Incidently the CJI who has claimed that his office is out of purview of the RTI Act, which even a 5th standard pass child would say is wrong, and whose stance has been proved wrong officially by the full bench of the Central Information Commission and a single judge of the Delhi High Court, continues to preside over our justice delivery system which has deteriorated to a system to justify the crimes of the rich and powerful!
Two, the Chief Information Commissioner of UP was a tainted man even when he was appointed and RTI activists had made a hue and cry then. For the corrupt behenji, who had hand picked him and appointed him against the objections raised by the leader of the opposition who was the 2nd member of the committee to appoint the IC, it did not matter at all. Now he has been convicted by the UP HC and ordered to pay Rs 50,000/- as fine. He still continues to sit in judgement over RTI disputes in UP enjoying the status of a high court judge!
As a social/ human rights activist for the last 11 plus years I have realised that nothing can change unless the judiciary is made transparent and accountable. The judges, ab intio have the scope for making whimsical decisions. So there was a requirement to question their decisions not merely from the point of the original issues involved but also from the point of view of the personal whims and fancies of the judge involved. Unfortunately, there is provision only for the former and not for the latter which has resulted in gross abuse of office by the judges and plenty of miscarriage of justice. For the one seeking justice, going to court is like jumping from the frying pan into the fire! The injustice is compounded by the archaic provisions in our constitution and the Contempt of Court Act for punishing for contempt of court. While a democracy demands a Contempt of Citizen (Prevention of ) Act, this contempt of court armour given to judges have made them a law unto themselves. This has to change. And this change has to be brought in by the law makers who are our representatives and empowered to bring in the changes we want. The changes we want in the judiciary are listed in the letter I had written to the CJ of Kerala in 2004 (copy attached for perusal). I have also put up an online petition addressed to the Prez/PM to set up a National Judicial Commission to try and punish judges as per laws applicable to ordinary citizens. This is available at http://www.petitiononline.com/jrandac1/petition.html I request you to support it by signing it yourself and also by motivating your friends to sign it.
regards n bw
ravi (Veteran Major P M Ravindran)
Sunday, September 13, 2009
New measures to combat cancer of corruption
Sunday, September 13, 2009
Shri M. Veerapaa Moily addresses the National Seminar on ‘Fighting Crime Related to Corruption’
Reforms to Curb Corruption:
1. The scope of Prevention of Corruption Act should be widened to include:
Gross perversion of the Constitution and democratic institutions amounting to willful violation of the oath of office.
Abuse of authority by unduly favoring or harming someone
Obstruction of justice
Squandering public money
Collusive bribery
2. The Corrupt Public servants (Forfeiture of Property) Bill as suggested by the Law Commission should be enacted without further delay.
4. Steps should be taken for immediate implementation of the Benami Transactions (Prohibition) Act 1988.
5. There should be statutory protection for whistleblowers and victim protection.
6. A multi-member Lok Pal at the national level and Lok Ayuktas at the State level should be set up under the Constitution.
7. False Claims Act should be enacted.
8. Article 311 of the Constitution may be repealed along with the Article 310 and legislation should be passed under Article 309 to provide for the terms and conditions of service of public servants including necessary protection against arbitrary action.
9. Prior sanction should not be necessary for prosecuting a public servant who has been trapped red-handed or found in possession of assets disproportionate to known sources of income.
The focus should be on e-governance and systematic change. An honest system of governance will displace dishonest persons. As Gladstone so aptly said, “The purpose of a government is to make it easy for people to do good and difficult to do evil”.
We always find alibi for our lapses by quoting trespass from other democratic institutions, by resorting to a blame game. The executive/ civil services blame interference by the political executive or legislatures and vice-versa; legislators blame the judiciary and vice-versa- the main problem lies in each one leaving the space for the others to occupy. If any one of the democratic institution leaves space, the mafia or extra- constitutional authority occupies that space. Realization of its own authority and discharging its sphere of responsibility, developing accountability and responsiveness are the real solutions to the conflicting situations of eroding democratic polity.
I would like to quote here an ancient subhashit (good message): “Rivers do not drink their waters themselves, nor do trees eat their fruit, nor do the clouds eat the grains raised by them. The wealth of the noble is used solely for the benefit of the others”.
I will await the recommendations of this National Seminar, I promise to extend all help and cooperation from my Ministry for the implementation of the recommendations. Our Government is committed to strengthening the Criminal Justice System. I once again congratulate Director, Central Bureau of Investigation and Director, NICFS for organizing this conference, which has provided a platform for exchange of ideas between investigators, prosecutors and judiciary.”
National Seminar on ‘Fighting Crime Related to Corruption’
Shri M. Veerapaa Moily addresses the National Seminar on ‘Fighting Crime Related to Corruption’
Reforms to Curb Corruption:
1. The scope of Prevention of Corruption Act should be widened to include:
2. The Corrupt Public servants (Forfeiture of Property) Bill as suggested by the Law Commission should be enacted without further delay.
4. Steps should be taken for immediate implementation of the Benami Transactions (Prohibition) Act 1988.
5. There should be statutory protection for whistleblowers and victim protection.
6. A multi-member Lok Pal at the national level and Lok Ayuktas at the State level should be set up under the Constitution.
7. False Claims Act should be enacted.
8. Article 311 of the Constitution may be repealed along with the Article 310 and legislation should be passed under Article 309 to provide for the terms and conditions of service of public servants including necessary protection against arbitrary action.
9. Prior sanction should not be necessary for prosecuting a public servant who has been trapped red-handed or found in possession of assets disproportionate to known sources of income.
The focus should be on e-governance and systematic change. An honest system of governance will displace dishonest persons. As Gladstone so aptly said, “The purpose of a government is to make it easy for people to do good and difficult to do evil”.
We always find alibi for our lapses by quoting trespass from other democratic institutions, by resorting to a blame game. The executive/ civil services blame interference by the political executive or legislatures and vice-versa; legislators blame the judiciary and vice-versa- the main problem lies in each one leaving the space for the others to occupy. If any one of the democratic institution leaves space, the mafia or extra- constitutional authority occupies that space. Realization of its own authority and discharging its sphere of responsibility, developing accountability and responsiveness are the real solutions to the conflicting situations of eroding democratic polity.
I would like to quote here an ancient subhashit (good message): “Rivers do not drink their waters themselves, nor do trees eat their fruit, nor do the clouds eat the grains raised by them. The wealth of the noble is used solely for the benefit of the others”.
I will await the recommendations of this National Seminar, I promise to extend all help and cooperation from my Ministry for the implementation of the recommendations. Our Government is committed to strengthening the Criminal Justice System. I once again congratulate Director, Central Bureau of Investigation and Director, NICFS for organizing this conference, which has provided a platform for exchange of ideas between investigators, prosecutors and judiciary.”
National Seminar on ‘Fighting Crime Related to Corruption’
Corruption poses a threat to National Security and Law & Order
Saturday, September 12, 2009NATIONAL SEMINAR ON ‘FIGHTING CRIMES RELATED TO CORRUPTION’ INAUGURATED.
17:10 IST
Chief Justice of India has said that “the real costs are difficult to measure since they involve the loss of opportunities for business and investment as well as the diversion of man-power, when it may be usefully employed elsewhere. In some instances, corruption poses a threat to national security and law & order. We are all aware of how smuggled arms and explosives were used for the bomb blasts in Bombay in 1993, as well as the financing of terrorist operations through the ‘Hawala’ currency racket. All in all, the pervasive culture of graft provokes pessimism about the quality of governance”. Hon’ble Justice K. G. Balakrishnan said this while inaugurating a two days’ National Seminar on ‘Fighting Crimes Related to Corruption’ here at Vigyan Bhawan today. This National Seminar was jointly organised by LNJN National Institute of Criminology and Forensic Science and CBI.
Hon’ble Justice K. G. Balakrishnan also underlined the idea that our deliberations should focus on how to strengthen the investigation and prosecution of corruption cases, so that the courts of first instance are able to improve the conviction rate. He also gave ideas to working sessions for deliberations. He suggested that while the substantive definition of offences (under Prevention of Corruption Act) appears to be quite adequate, there have been persistent demands for enhancing the penalties and punishments under the Act. Secondly, he suggested that we should turn our attention to the obstructions in the investigation and trial process. He said that in many cases aggrieved parties have approached the higher judiciary when the requisite sanctions have been denied despite the production of incriminating materials. Thirdly, he touched upon the controversial issue of separation of prosecution functions from the investigative functions of the CBI. ‘Having a specialised team of lawyers will also ensure that they thoroughly scrutinise the investigators efforts in evidence-gathering, thereby improving the presentation of cases’, he added.
Shri Prithviraj Chavan, Union Minister of State Personal and Public Grievances (PP), in his welcome address said that “at this seminar, where the key functionaries of the criminal justice system have gathered, the question that needs to be posed is how to ensure that corrupt are punished severally and swiftly so as to create deterrence in the minds of would be criminals. What is also needed, however, over and beyond the punitive aspects of corruption, is an effective preventive strategy by bringing about systemic changes with your vast experience and personal knowledge of the Institutional Lacunae that promote corruption”. ‘Unless corruption is controlled, it will threaten national security and economic development’ he added.
In his vote of thanks, Shri Ashwani Kumar, Director, CBI recalled the initiative taken by Hon’ble Chief Justice of India in setting up 71 exclusive CBI Courts. He also expressed his gratitude to the PM in accepting the proposal from Chief Justice of India. The Director said that these exclusive CBI Courts should be model and fast track courts with all facilities. He desired that can we think of reducing the number of cases being given to these courts in order to avoid delays in the trial. Earlier, Director, National Institute of Criminology and Forensic Science, in his introductory remarks said that “widespread poverty continues to be a major challenge despite the economic strides we have made since 1951. According to World Bank studies corruption adversely affects public sector productivity and distributive justice. Corruption also increases income inequality, weakens governance and reduces citizens trust in effectiveness of their Government”.
Judges from Supreme Court, High Court of Delhi and distinguished legal luminaries including over 60 Special Judges dealing with anti-corruption cases from the entire country are participating in this Seminar. Director:CFSL, 60 Prosecutors / Dy. Legal Advisors as well as investigators of CBI and 6 Delegates from State Vigilance / Anti-Corruption Bureaus are also attending the Seminar.
Four working sessions have been planned for today and tomorrow to discuss the contemporary legal issues. These are (i) Session-I : Facilitating Speedy Trial; (ii) Session-II : Investigation and Trial of Anti-Corruption Cases : Legal Lacunae and other Constraints; (iii) Session-III : How to Improve Presentation / Prosecution of cases by CBI and (iv) Session-IV : Appreciating and Evaluating Electronic Evidence. Each Session is scheduled to be Chaired by Hon’ble Judge of the Supreme Court of India.
Corruption poses a threat to National Security and Law & Order
Seize properties of corrupt govt officials, says CJI
12/09/2009
New Delhi: Chief Justice of India K. G. Balakrishnan on Saturday favoured statutory provision for seizure of illegal properties and assets of government officials convicted in corruption cases.
He also wanted specialised teams of lawyers to ensure that they will progressively develop expertise in prosecuting corruption-related cases.
"If a public official amasses wealth at the cost of public, then the state is justified in seizing such assets," Balakrishnan said at a national seminar on 'Fighting Crimes related to Corruption´.
"One prominent suggestion is the inclusion of a statutory remedy that will enable confiscation of properties belonging to persons who are convicted of offences under the Prevention of Corruption Act (PCA)", the Chief Justice said.
The CJI said procedural delays like granting sanction and difficulty in marshalling large number of witnesses were the major hurdles in achieving meaningful convictions when the anti-corruption agencies was already finding it difficult to grapple with 9,000 pending cases due to shortage of designated courts.
"It is necessary (that) there should be a speedy manner of granting sanction. The prosecution becomes ineffective if the sanction is granted after 6-7 years," he said.
Balakrishnan expressed concern that CBI relies on large number of witnesses in the corruption cases instead of coming out with solid witnesses which unnecessary prolongs the trial of the case for 3 to 4 years. "Instead of having 8 to 10 witnesses, emphasis should be on having one solid witness to prove the case," he said.
However, dwelling on the PCA, the CJI said the foremost criticism of the law is that an investigating agency needs to obtain prior sanction from competent authority to initiate prosecution against a public servant which is delayed or denied by higher executive authorities.
"Even in instances where the investigating agencies have gathered substantial material to proceed against a person, it is felt that the necessary sanction is not given on account of extraneous considerations," he said.
Expressing concern that the country did not have an effective prosecuting agency, the CJI said there was a need for separation of prosecution function from the investigating functions of the CBI which has been a controversial issue.
"I understand that there has been considerable resistance to this suggestion, since investigating officers and prosecution lawyers need to work in close co-ordination.
"The real problem here is that CBI has been relying on government law officers and standing counsels to conduct the prosecutions whereas there is a need for retaining a regular team of lawyers which will progressively develop expertise in prosecuting corruption-related cases," Balakrishnan said.
He said, "having a specialised team of lawyers will also ensure that they thoroughly scrutinise the investigators' efforts in evidence-gathering, thereby improving the presentation of cases.
Source: PTI
Seize properties of corrupt govt officials, says CJI
New Delhi: Chief Justice of India K. G. Balakrishnan on Saturday favoured statutory provision for seizure of illegal properties and assets of government officials convicted in corruption cases.
He also wanted specialised teams of lawyers to ensure that they will progressively develop expertise in prosecuting corruption-related cases.
"If a public official amasses wealth at the cost of public, then the state is justified in seizing such assets," Balakrishnan said at a national seminar on 'Fighting Crimes related to Corruption´.
"One prominent suggestion is the inclusion of a statutory remedy that will enable confiscation of properties belonging to persons who are convicted of offences under the Prevention of Corruption Act (PCA)", the Chief Justice said.
The CJI said procedural delays like granting sanction and difficulty in marshalling large number of witnesses were the major hurdles in achieving meaningful convictions when the anti-corruption agencies was already finding it difficult to grapple with 9,000 pending cases due to shortage of designated courts.
"It is necessary (that) there should be a speedy manner of granting sanction. The prosecution becomes ineffective if the sanction is granted after 6-7 years," he said.
Balakrishnan expressed concern that CBI relies on large number of witnesses in the corruption cases instead of coming out with solid witnesses which unnecessary prolongs the trial of the case for 3 to 4 years. "Instead of having 8 to 10 witnesses, emphasis should be on having one solid witness to prove the case," he said.
However, dwelling on the PCA, the CJI said the foremost criticism of the law is that an investigating agency needs to obtain prior sanction from competent authority to initiate prosecution against a public servant which is delayed or denied by higher executive authorities.
"Even in instances where the investigating agencies have gathered substantial material to proceed against a person, it is felt that the necessary sanction is not given on account of extraneous considerations," he said.
Expressing concern that the country did not have an effective prosecuting agency, the CJI said there was a need for separation of prosecution function from the investigating functions of the CBI which has been a controversial issue.
"I understand that there has been considerable resistance to this suggestion, since investigating officers and prosecution lawyers need to work in close co-ordination.
"The real problem here is that CBI has been relying on government law officers and standing counsels to conduct the prosecutions whereas there is a need for retaining a regular team of lawyers which will progressively develop expertise in prosecuting corruption-related cases," Balakrishnan said.
He said, "having a specialised team of lawyers will also ensure that they thoroughly scrutinise the investigators' efforts in evidence-gathering, thereby improving the presentation of cases.
Source: PTI
Seize properties of corrupt govt officials, says CJI
Saturday, August 8, 2009
President Inaugurates Armed Forces Tribunal
Saturday, August 08, 2009 15:25 IST
The President Smt. Pratibha Devisingh Patil inaugurated the Armed Forces Tribunal (AFT) here today. Calling it an important milestone in the history of the Armed Forces, the President, who is also the Supreme Commander of the Armed Forces, hoped that the setting up of the Tribunal will enhance the confidence and trust among the large number of Services personnel in the country’s justice dispensation system in relation to their service matters. It has been a longstanding demand of the men in uniform to have the option for a review of decisions of the Court Martial.
Cautioning that the delay in dispensation of justice defeats the very purpose of delivery of justice, the President asked the Tribunal to be particularly careful in avoiding the build up of backlogs. “There should be predictability in court hearings and adjournments granted only in very exceptional circumstances,” she added.
Set up by an Act of Parliament in December, 2007, the AFT will have its Principal Bench in New Delhi and eight regional benches spread across the country. The Tribunal will have 15 courts in all, - three each in New Delhi, Chandigarh and Lucknow and one each in Jaipur, Mumbai, Kolkata, Guwahati, Chennai and Kochi. The Principal bench in New Delhi will be functional from Monday, August 10.
Terming the landmark event as a ‘magna carta’ in Indian military history, the Minister for Law and Justice, Shri M. Veerappa Moily said that the Tribunal would act as an outlet for redressal of grievances of Armed Forces personnel. The Tribunal is an endeavour in “the search for truth and justice” after the convergence of various pillars of democracy, Shri Moily said. He hoped that the Tribunal would not get bogged down in “the juggernaut of bureaucracy.” Justice Ashok Kumar Mathur, who took over as the founder Chairperson of the Tribunal on Sep.1, 2008, said the arrears of pending cases in civilian courts is a matter of concern. He hoped that the Tribunal would reduce burden on the regular courts. At present nearly 10,000 such cases are pending before various courts across the country, most of them with the high courts.
The AFT will provide a judicial forum for redressal of grievances of about a 1.3 million strong armed forces personnel and another 1.2 million Ex-Servicemen. Having powers of a criminal court, the Tribunal can grant bail to men held in military custody and also hear appeals against sentences handed down by the court-martial. The decisions of the AFT can be challenged only in the Supreme Court.
The Tribunal will provide better justice delivery system to the Services personnel, particularly those living in remote and inaccessible areas, the Chief Justice of India Mr. Justice KG Balakrishnan said. Pointing out that the Army, Navy and the Air Force Acts have some archaic and “authoritative” provisions of the colonial legacy, he observed that there was a general perception that sitting officers of the Court Martial are not inclined to impartial and fair justice. The Tribunal’s success parameters would be to ensure fairness, speedy justice and its enforcement, he added.
The Defence Minister Shri AK Antony said that the tribunal fills a void that existed in the military justice dispensation. It would fulfill the observations made by the Supreme Court long back in 1982 and the subsequent recommendations of the Law Commission that “the Services personnel must have at least one judicial review” of verdicts handed down by the Court Martial.
The Tribunal will have a Chairperson who has been or is a judge of the Supreme Court or Chief Justice of a high court. Besides, each court consists of a judicial member and an administrative member. Justice RV Ravindran, a sitting Supreme Court judge who is the Chairperson of the Selection Committee of the Armed Forces Tribunal, said that the decision making on grievances related to armed forces personnel demands specialized knowledge of Services protocol besides upholding the tenets of natural justice.
Delivering the closing address, the Minister of State for Defence Dr MM Pallam Raju said that this day heralds a new era in the administration of justice for the armed forces personnel.
DM/PK/HH
President Inaugurates Armed Forces Tribunal
The President Smt. Pratibha Devisingh Patil inaugurated the Armed Forces Tribunal (AFT) here today. Calling it an important milestone in the history of the Armed Forces, the President, who is also the Supreme Commander of the Armed Forces, hoped that the setting up of the Tribunal will enhance the confidence and trust among the large number of Services personnel in the country’s justice dispensation system in relation to their service matters. It has been a longstanding demand of the men in uniform to have the option for a review of decisions of the Court Martial.
Cautioning that the delay in dispensation of justice defeats the very purpose of delivery of justice, the President asked the Tribunal to be particularly careful in avoiding the build up of backlogs. “There should be predictability in court hearings and adjournments granted only in very exceptional circumstances,” she added.
Set up by an Act of Parliament in December, 2007, the AFT will have its Principal Bench in New Delhi and eight regional benches spread across the country. The Tribunal will have 15 courts in all, - three each in New Delhi, Chandigarh and Lucknow and one each in Jaipur, Mumbai, Kolkata, Guwahati, Chennai and Kochi. The Principal bench in New Delhi will be functional from Monday, August 10.
Terming the landmark event as a ‘magna carta’ in Indian military history, the Minister for Law and Justice, Shri M. Veerappa Moily said that the Tribunal would act as an outlet for redressal of grievances of Armed Forces personnel. The Tribunal is an endeavour in “the search for truth and justice” after the convergence of various pillars of democracy, Shri Moily said. He hoped that the Tribunal would not get bogged down in “the juggernaut of bureaucracy.” Justice Ashok Kumar Mathur, who took over as the founder Chairperson of the Tribunal on Sep.1, 2008, said the arrears of pending cases in civilian courts is a matter of concern. He hoped that the Tribunal would reduce burden on the regular courts. At present nearly 10,000 such cases are pending before various courts across the country, most of them with the high courts.
The AFT will provide a judicial forum for redressal of grievances of about a 1.3 million strong armed forces personnel and another 1.2 million Ex-Servicemen. Having powers of a criminal court, the Tribunal can grant bail to men held in military custody and also hear appeals against sentences handed down by the court-martial. The decisions of the AFT can be challenged only in the Supreme Court.
The Tribunal will provide better justice delivery system to the Services personnel, particularly those living in remote and inaccessible areas, the Chief Justice of India Mr. Justice KG Balakrishnan said. Pointing out that the Army, Navy and the Air Force Acts have some archaic and “authoritative” provisions of the colonial legacy, he observed that there was a general perception that sitting officers of the Court Martial are not inclined to impartial and fair justice. The Tribunal’s success parameters would be to ensure fairness, speedy justice and its enforcement, he added.
The Defence Minister Shri AK Antony said that the tribunal fills a void that existed in the military justice dispensation. It would fulfill the observations made by the Supreme Court long back in 1982 and the subsequent recommendations of the Law Commission that “the Services personnel must have at least one judicial review” of verdicts handed down by the Court Martial.
The Tribunal will have a Chairperson who has been or is a judge of the Supreme Court or Chief Justice of a high court. Besides, each court consists of a judicial member and an administrative member. Justice RV Ravindran, a sitting Supreme Court judge who is the Chairperson of the Selection Committee of the Armed Forces Tribunal, said that the decision making on grievances related to armed forces personnel demands specialized knowledge of Services protocol besides upholding the tenets of natural justice.
Delivering the closing address, the Minister of State for Defence Dr MM Pallam Raju said that this day heralds a new era in the administration of justice for the armed forces personnel.
DM/PK/HH
President Inaugurates Armed Forces Tribunal
Friday, August 7, 2009
Armed Forces Tribunal to be inaugurated tomorrow
Friday, August 07, 2009
The men in uniform will have another reason to cheer when their long-pending demand for justice becomes a reality with the launch of the Armed Forces Tribunal (AFT) tomorrow. Befitting the momentous occasion, the long-awaited tribunal will be inaugurated by the President Smt. Pratibha Devisingh Patil.
Set up by an Act of parliament in December, 2007, the Armed Forces Tribunal will have its Principal Bench in New Delhi and eight regional benches spread across the country. The Tribunal will have 15 courts in all, - three each in New Delhi, Chandigarh and Lucknow and one each in Jaipur, Mumbai, Kolkata, Guwahati, Chennai and Kochi.
Aggrieved armed forces personnel will now be able to appeal against sentences handed down by the court-martial. The Tribunal will also have powers to grant bail to any person in military custody. It is expected to be functional soon once the government issues the relevant notification. The AFT will provide a judicial forum for redressal of grievances of about a 1.3 million strong armed forces personnel and another 1.2 million Ex-Servicemen. At present about 9,000 such cases are pending before various courts across the country, most of them with the high courts. The AFT will not only result in speedy and affordable justice to the men in uniform but also save the Armed Forces’ resources in terms of manpower, material and time. The decisions of the AFT can be challenged only in the Supreme Court.
The Tribunal will have a Chairperson who has been or is a judge of the Supreme Court or Chief Justice of a high court. Justice AK Mathur, a former judge of the Supreme Court, has been appointed the AFT’s first Chairperson and has assumed charge since Sep.01, 2008. Besides, each court consists of a judicial member and an administrative member. There will be in all 30 members in the 15 courts of the nine AFT benches, - 15 judicial including the Chairperson, and an equal number of administrative members. The judicial member must be, or have been, a judge of a High Court while the administrative member would be officers of the rank of Major General or equivalent in either of the three Services or an officer not less than the rank of a Brigadier or equivalent who has rendered not less than one year service as the Judge Advocate General of the Army, Navy or Air Force.
The government has already appointed eight judicial members and 15 administrative members, while seven judicial members are yet to be named. The eight judicial members appointed to the Tribunal alongwith the location of the bench are: - Justice AK Mathur (Chairperson, AFT, Principal Bench, New Delhi, Justice Manak Lall Mohta (New Delhi), Justice Ghanshyam Prasad (Chandigarh), Justice Janardhan Sahai (Lucknow – yet to join), Justice SS Kulshrestha (Lucknow), Justice Bhanwaroo Khan (Jaipur), Justice AC Arumugaperumal Adityan (Chennai) and Justice K Padmanabhan Nair (Kochi). The 15 administrative members are: Lt. General ML Naidu, Lt Gen. ZU Shah and Lt. Gen. SS Dhillon (all New Delhi bench), Lt. Gen. Amrik Singh Bahia, Lt Gen. HS Panag and Lt. Gen. NS Brar (all Chandigarh bench), Lt. Gen. PR Gangadharan, Lt. Gen. RK Chhabra and Lt. Gen. BS Sisodia (all Lucknow bench), Lt. Gen. Susheel Gupta (Jaipur), Vice Admiral RF Contractor (Mumbai), Lt. Gen. Madan Gopal (Kolkata), Commodore Mohan Phadke (Guwahati), Lt. Gen. S Pattabhiraman (Chennai) and Lt. Gen. Thomas Mathew (Kochi).
PK/RAJ
Armed Forces Tribunal to be inaugurated tomorrow
The men in uniform will have another reason to cheer when their long-pending demand for justice becomes a reality with the launch of the Armed Forces Tribunal (AFT) tomorrow. Befitting the momentous occasion, the long-awaited tribunal will be inaugurated by the President Smt. Pratibha Devisingh Patil.
Set up by an Act of parliament in December, 2007, the Armed Forces Tribunal will have its Principal Bench in New Delhi and eight regional benches spread across the country. The Tribunal will have 15 courts in all, - three each in New Delhi, Chandigarh and Lucknow and one each in Jaipur, Mumbai, Kolkata, Guwahati, Chennai and Kochi.
Aggrieved armed forces personnel will now be able to appeal against sentences handed down by the court-martial. The Tribunal will also have powers to grant bail to any person in military custody. It is expected to be functional soon once the government issues the relevant notification. The AFT will provide a judicial forum for redressal of grievances of about a 1.3 million strong armed forces personnel and another 1.2 million Ex-Servicemen. At present about 9,000 such cases are pending before various courts across the country, most of them with the high courts. The AFT will not only result in speedy and affordable justice to the men in uniform but also save the Armed Forces’ resources in terms of manpower, material and time. The decisions of the AFT can be challenged only in the Supreme Court.
The Tribunal will have a Chairperson who has been or is a judge of the Supreme Court or Chief Justice of a high court. Justice AK Mathur, a former judge of the Supreme Court, has been appointed the AFT’s first Chairperson and has assumed charge since Sep.01, 2008. Besides, each court consists of a judicial member and an administrative member. There will be in all 30 members in the 15 courts of the nine AFT benches, - 15 judicial including the Chairperson, and an equal number of administrative members. The judicial member must be, or have been, a judge of a High Court while the administrative member would be officers of the rank of Major General or equivalent in either of the three Services or an officer not less than the rank of a Brigadier or equivalent who has rendered not less than one year service as the Judge Advocate General of the Army, Navy or Air Force.
The government has already appointed eight judicial members and 15 administrative members, while seven judicial members are yet to be named. The eight judicial members appointed to the Tribunal alongwith the location of the bench are: - Justice AK Mathur (Chairperson, AFT, Principal Bench, New Delhi, Justice Manak Lall Mohta (New Delhi), Justice Ghanshyam Prasad (Chandigarh), Justice Janardhan Sahai (Lucknow – yet to join), Justice SS Kulshrestha (Lucknow), Justice Bhanwaroo Khan (Jaipur), Justice AC Arumugaperumal Adityan (Chennai) and Justice K Padmanabhan Nair (Kochi). The 15 administrative members are: Lt. General ML Naidu, Lt Gen. ZU Shah and Lt. Gen. SS Dhillon (all New Delhi bench), Lt. Gen. Amrik Singh Bahia, Lt Gen. HS Panag and Lt. Gen. NS Brar (all Chandigarh bench), Lt. Gen. PR Gangadharan, Lt. Gen. RK Chhabra and Lt. Gen. BS Sisodia (all Lucknow bench), Lt. Gen. Susheel Gupta (Jaipur), Vice Admiral RF Contractor (Mumbai), Lt. Gen. Madan Gopal (Kolkata), Commodore Mohan Phadke (Guwahati), Lt. Gen. S Pattabhiraman (Chennai) and Lt. Gen. Thomas Mathew (Kochi).
PK/RAJ
Armed Forces Tribunal to be inaugurated tomorrow
Monday, June 22, 2009
Members of the Armed Forces Tribunal appointed
Monday, June 22, 2009 Ministry of Defence
The Government has approved the appointment of following as Judicial and Administrative Members in the Armed Forces Tribunal (Principal Bench and Various Regional Benches), in scale of pay Rs. 26,000/- (fixed) (pre revised), for a period of 4 years from the date of assumption of the post or till the age of 65 years, whichever is earlier.
Judicial Members
1. Mr. Justice Janardan Sahai
2. Mr. Justice K Padmanabhan Nair (Retd)
3. Mr. Justice Shilendra Shanker Kulshrestha (Retd)
4. Mr. Justice Ghanshyam Prasad (Retd)
5. Mr. Justice Manak Lall Mohta
6. Mr. Justice AC Arumugaperumal Adityan
7. Mr. Justice Anwar Ahmad (Retd)
8. Mr. Justice Bhanwaroo Khan
Administrative Members
1. Lt. Gen (Retd) S Pattabhiraman
2. Lt. Gen (Retd) Amrik Singh Bahia
3. Lt. Gen (Retd) Madan Gopal
4. Lt. Gen (Retd) Susheel Gupta
5. Lt. Gen (Retd) M L Naidu
6. Lt. Gen (Retd) HS Panag
7. Lt. Gen ( Retd) Thomas Mathew
8. Lt. Gen ( Retd) PR Gangadharan
9. Lt. Gen ( Retd) SS Dhillon
10. Lt. Gen (Retd) ZU Shah
11. Lt. Gen (Retd) RK Chhabra
12. Lt. Gen (Retd) NS Brar
13. Vice Adm (Retd) RF Contractor
14. Lt. Gen (Retd) BS Sisodia
15. Commodore (Retd) Mohan Phadke
The Union Cabinet gave its approval for the creation of 31 posts for the Armed Forces Tribunal on June 24, 2008 paving the way for the creation of the proposed independent adjudicating forum for dispensing cost effective and speedy justice to the armed forces personnel. The posts include 1 of Chairperson and 29 posts of members for the Principal Bench at New Delhi and 8 Regional Branches. It also includes one post of Principal Registrar at the Principal Bench.
The Principal Bench at New Delhi will have three courts and will have jurisdiction over High Courts in the State of Delhi. Similarly, the Chandigarh and Lucknow Benches will have 3 courts each. The Chandigarh Bench will have jurisdiction over Punjab, Haryana, J&K and Himachal Pradesh. The Lucknow Bench will have jurisdiction over Uttar Pradesh, Uttaranchal, Madhya Pradesh and Chhatisgarh. The other locations for the Benches with one court each will be Kolkata, Guwahati, Mumbai, Kochi, Chennai and Jaipur. The Kolkata Bench will have jurisdiction over West Bengal, Orissa, Jharkhand, Bihar and Andaman & Nicobar Islands. The Guwahati Bench will have jurisdiction over Assam, Manipur, Nagaland, Meghalaya, Tripura, Mizoram and Arunachal Pradesh. The Mumbai Bench will have jurisdiction over Maharashtra, Goa and Gujarat. While Kochi Bench will have jurisdiction over Kerala and Karnataka, Chennai Bench will look after Tamil Nadu and Andhra Pradesh. The Jaipur Bench will have jurisdiction over Rajasthan.
The setting up of the Armed Forces Tribunal has fulfilled a long-felt need of the country’s three defence services. Over 9,800 cases filed by Service personnel are pending before various High Courts. The maximum number of cases numbering 2487 will be transferred to the Chandigarh Bench while 2407 will be adjudicated by the Lucknow Bench. Two thousand three hundred and six (2,306) cases are proposed to be transferred to the Delhi Principal Bench.
The Armed Forces Tribunal Act, 2007 which was passed by the Parliament during the Winter Session of 2007 received the assent of the President on 25th December, 2007. The Act was notified on 28th December, 2007. It provides for adjudication or trial by the tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to Three Services Acts as also for appeals arising out of orders, findings or sentences of court martial held under the said Acts and for matters connected with them. The Act came into force with effect from 15th June, 2008. The Tribunal will have original jurisdiction in service matters and appellate jurisdiction in court martial matters. Mr. Justice Ashok Kumar Mathur was appointed as the Chairman of the Tribunal. The Tribunal will consist of 1 Chairperson, 14 judicial and 15 administrative members. The administrative members shall be officer of the rank of Major General or above in the Army or equivalent rank in the Navy or the Air Force with three years of service in that rank. JAG of three Services with at least one year of service as JAG shall also be eligible. The judicial member should be serving or retired judge of the High Court. All appointments to the Tribunal are made in consultation with the Chief Justice of India. The Tribunal has powers to punish for its contempt.
****
Samir / RAJ
Members of the Armed Forces Tribunal appointed
Comment: JAG branch needs to be streamlined and its officers impove their professional skills to ensure the system is just and free from influence and corruption.
The Government has approved the appointment of following as Judicial and Administrative Members in the Armed Forces Tribunal (Principal Bench and Various Regional Benches), in scale of pay Rs. 26,000/- (fixed) (pre revised), for a period of 4 years from the date of assumption of the post or till the age of 65 years, whichever is earlier.
Judicial Members
1. Mr. Justice Janardan Sahai
2. Mr. Justice K Padmanabhan Nair (Retd)
3. Mr. Justice Shilendra Shanker Kulshrestha (Retd)
4. Mr. Justice Ghanshyam Prasad (Retd)
5. Mr. Justice Manak Lall Mohta
6. Mr. Justice AC Arumugaperumal Adityan
7. Mr. Justice Anwar Ahmad (Retd)
8. Mr. Justice Bhanwaroo Khan
Administrative Members
1. Lt. Gen (Retd) S Pattabhiraman
2. Lt. Gen (Retd) Amrik Singh Bahia
3. Lt. Gen (Retd) Madan Gopal
4. Lt. Gen (Retd) Susheel Gupta
5. Lt. Gen (Retd) M L Naidu
6. Lt. Gen (Retd) HS Panag
7. Lt. Gen ( Retd) Thomas Mathew
8. Lt. Gen ( Retd) PR Gangadharan
9. Lt. Gen ( Retd) SS Dhillon
10. Lt. Gen (Retd) ZU Shah
11. Lt. Gen (Retd) RK Chhabra
12. Lt. Gen (Retd) NS Brar
13. Vice Adm (Retd) RF Contractor
14. Lt. Gen (Retd) BS Sisodia
15. Commodore (Retd) Mohan Phadke
The Union Cabinet gave its approval for the creation of 31 posts for the Armed Forces Tribunal on June 24, 2008 paving the way for the creation of the proposed independent adjudicating forum for dispensing cost effective and speedy justice to the armed forces personnel. The posts include 1 of Chairperson and 29 posts of members for the Principal Bench at New Delhi and 8 Regional Branches. It also includes one post of Principal Registrar at the Principal Bench.
The Principal Bench at New Delhi will have three courts and will have jurisdiction over High Courts in the State of Delhi. Similarly, the Chandigarh and Lucknow Benches will have 3 courts each. The Chandigarh Bench will have jurisdiction over Punjab, Haryana, J&K and Himachal Pradesh. The Lucknow Bench will have jurisdiction over Uttar Pradesh, Uttaranchal, Madhya Pradesh and Chhatisgarh. The other locations for the Benches with one court each will be Kolkata, Guwahati, Mumbai, Kochi, Chennai and Jaipur. The Kolkata Bench will have jurisdiction over West Bengal, Orissa, Jharkhand, Bihar and Andaman & Nicobar Islands. The Guwahati Bench will have jurisdiction over Assam, Manipur, Nagaland, Meghalaya, Tripura, Mizoram and Arunachal Pradesh. The Mumbai Bench will have jurisdiction over Maharashtra, Goa and Gujarat. While Kochi Bench will have jurisdiction over Kerala and Karnataka, Chennai Bench will look after Tamil Nadu and Andhra Pradesh. The Jaipur Bench will have jurisdiction over Rajasthan.
The setting up of the Armed Forces Tribunal has fulfilled a long-felt need of the country’s three defence services. Over 9,800 cases filed by Service personnel are pending before various High Courts. The maximum number of cases numbering 2487 will be transferred to the Chandigarh Bench while 2407 will be adjudicated by the Lucknow Bench. Two thousand three hundred and six (2,306) cases are proposed to be transferred to the Delhi Principal Bench.
The Armed Forces Tribunal Act, 2007 which was passed by the Parliament during the Winter Session of 2007 received the assent of the President on 25th December, 2007. The Act was notified on 28th December, 2007. It provides for adjudication or trial by the tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to Three Services Acts as also for appeals arising out of orders, findings or sentences of court martial held under the said Acts and for matters connected with them. The Act came into force with effect from 15th June, 2008. The Tribunal will have original jurisdiction in service matters and appellate jurisdiction in court martial matters. Mr. Justice Ashok Kumar Mathur was appointed as the Chairman of the Tribunal. The Tribunal will consist of 1 Chairperson, 14 judicial and 15 administrative members. The administrative members shall be officer of the rank of Major General or above in the Army or equivalent rank in the Navy or the Air Force with three years of service in that rank. JAG of three Services with at least one year of service as JAG shall also be eligible. The judicial member should be serving or retired judge of the High Court. All appointments to the Tribunal are made in consultation with the Chief Justice of India. The Tribunal has powers to punish for its contempt.
****
Samir / RAJ
Members of the Armed Forces Tribunal appointed
Comment: JAG branch needs to be streamlined and its officers impove their professional skills to ensure the system is just and free from influence and corruption.
Tuesday, May 26, 2009
IESM: Chairman's Desk
Date: Monday, 25 May, 2009, 10:13 PM
Dear Colleagues,
PBOR from different areas have been calling up to reaffirm their support for the OROP-related actions taken by IESM so far and conveying their readiness to follow whatever directions are issued in future.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM
Dear Colleagues,
PBOR from different areas have been calling up to reaffirm their support for the OROP-related actions taken by IESM so far and conveying their readiness to follow whatever directions are issued in future.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM
IESM: Marching ahead
Dated: 25 May 2009
Dear Friends,
1. The new Government is getting into place. The party which promised to implement the OROP has not succeeded in the Elections. The congress did not include it in their manifesto for these elections, though their leaders including Mr. Rahul Gandhi and Mr. AK Antony had made statements that actions have been initiated to grant higher pensions closer to OROP. The UPA Govt constituting committee for grant of OROP and removal of anomalies on 04 May 2009 and their subsequent denial when asked by the Election Commission, indicate the positive effort of our Movement. Mr. Antony after taking over the Defence Ministry in the new Govt, has in a news appeared in Hindustan Times (HT) dated 24 May 2009 stated that fresh look at the One Rank One pension OROP demand of veterans is one of his priority agenda. This also is a positive indicator to the success of IESM.
2. In view of the above, we will need to reorganize, regroup and evolve plans for the movement with larger strength, cohesion and unity to fight the Injustice till such time all our demands are satisfactorily addressed. The Steering Committee of IESM is meeting shortly to take stock of the situation and evolve future plans. We will inform all ESM organizations and veterans across the country about our events and actions and solicit their cooperation in men, material and time. Large number of suggestions have been received from veterans which will be given due consideration while evolving our future strategy, events and action activities.
3. Besides, the four demands we had already projected for the ESM, there were strong suggestions by the large number of ESM to include two more demands as under :
Improving the Health Care of ESM. Need for revamping the ECHS to make it user friendly and convenient for basic, specialty and super specialty diagnosis and treatment systems.
Provisioning of Canteen facilities in the villages through Mobile Canteens. Areas and Sub Areas may be made responsible to do the task.
4. During our visits to various states, we noticed lot of Josh amongst the rank and file to strengthen the IESM and accerlate the Movement to get justice for the Defence Personnel. It is here we need to work hard. The only way is to increase its Membership, Unite all ESM of India and project “One United Mass relentlessly to get our just and fair demands met”. I therefore request all state conveners to utilize this time to constitute District, city, Tehsil, Block and village committees and make them functional. There is need to go all out for the IESM Membership drive. All veteran organizations and veterans are requested to join the Movement and encourage others to do so. Instead of “ Chalta Hai, Mai kion, Jo Dosron Ko mile ga mujhe bhi mil jai ga” attitude, we need of motivate ourselves and other around for the cause of "Izzat, Equity and due Justice", evolving a positive frame of mind and volunteering to join the IESM.
5. Our Website www.iesm.org is functional and is being regularly updated by Cdr Sharan Ahuja, Col Robin Ghosh and Gen PK Renjen. We are doing our best to put the names of all members on the net at the earliest. Members who have filled up the form and deposited the membership fee will be issued with the membership number and subsequently the membership card. The membership registration is being acknowledged through the email, receipts by posts and net registration. If any ESM who has filled up the registration form and paid the membership fee and has not yet received the acknowledgement/ receipt, please write back through email or through post. Expeditious action will be taken to address the issue.
Looking forward to your cooperation and extensive membership drive.
With regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Dear Friends,
1. The new Government is getting into place. The party which promised to implement the OROP has not succeeded in the Elections. The congress did not include it in their manifesto for these elections, though their leaders including Mr. Rahul Gandhi and Mr. AK Antony had made statements that actions have been initiated to grant higher pensions closer to OROP. The UPA Govt constituting committee for grant of OROP and removal of anomalies on 04 May 2009 and their subsequent denial when asked by the Election Commission, indicate the positive effort of our Movement. Mr. Antony after taking over the Defence Ministry in the new Govt, has in a news appeared in Hindustan Times (HT) dated 24 May 2009 stated that fresh look at the One Rank One pension OROP demand of veterans is one of his priority agenda. This also is a positive indicator to the success of IESM.
2. In view of the above, we will need to reorganize, regroup and evolve plans for the movement with larger strength, cohesion and unity to fight the Injustice till such time all our demands are satisfactorily addressed. The Steering Committee of IESM is meeting shortly to take stock of the situation and evolve future plans. We will inform all ESM organizations and veterans across the country about our events and actions and solicit their cooperation in men, material and time. Large number of suggestions have been received from veterans which will be given due consideration while evolving our future strategy, events and action activities.
3. Besides, the four demands we had already projected for the ESM, there were strong suggestions by the large number of ESM to include two more demands as under :
4. During our visits to various states, we noticed lot of Josh amongst the rank and file to strengthen the IESM and accerlate the Movement to get justice for the Defence Personnel. It is here we need to work hard. The only way is to increase its Membership, Unite all ESM of India and project “One United Mass relentlessly to get our just and fair demands met”. I therefore request all state conveners to utilize this time to constitute District, city, Tehsil, Block and village committees and make them functional. There is need to go all out for the IESM Membership drive. All veteran organizations and veterans are requested to join the Movement and encourage others to do so. Instead of “ Chalta Hai, Mai kion, Jo Dosron Ko mile ga mujhe bhi mil jai ga” attitude, we need of motivate ourselves and other around for the cause of "Izzat, Equity and due Justice", evolving a positive frame of mind and volunteering to join the IESM.
5. Our Website www.iesm.org is functional and is being regularly updated by Cdr Sharan Ahuja, Col Robin Ghosh and Gen PK Renjen. We are doing our best to put the names of all members on the net at the earliest. Members who have filled up the form and deposited the membership fee will be issued with the membership number and subsequently the membership card. The membership registration is being acknowledged through the email, receipts by posts and net registration. If any ESM who has filled up the registration form and paid the membership fee and has not yet received the acknowledgement/ receipt, please write back through email or through post. Expeditious action will be taken to address the issue.
Looking forward to your cooperation and extensive membership drive.
With regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Wednesday, December 3, 2008
Reduce corruption to reduce terror attacks
Government officers complain that they cannot help prevent corruption because the public is forcing it on them, doctors complain that they cannot help prescribing coslty medicines because only then their patients believe that they are being treated well. No doubt these are genuine complaints. There are a handful of people in this society who really want corruption to exist and doctors to prescribe costly medicines because they can afford it. But the important thing for us to take cognisance of the fact that the majority who bribe are those who cannot afford it and are forced to it by the majority of bribe takers. At the end of the day let us accept that it has become an accepted evil like dowry. But that doesn't still mean that the majority would not like to see it being wiped out. And it doesn't need any magical wand to do it.
It only needs our police and courts (including the quasi judicial bodies) to be made efficient and accountable. Unfortunately these have been rated the most corrupt and the second most corupt organisations in India today. And the law-makers are not even talking of making them accountable. In the case of the judiciary even a bill for including the executive in the process for appointing judges to high courts and supreme court is hanging fire for so many years now. And appointing judges is no deal when compared to the onus of making them deliver justice. I shall just quote two examples to prove how wayward out judiciary is.
1. In Jancy Joseph Vs Union of India (1999 (1) KLT 422), the question of applicability of Section 56 of the Civil Procedure Code while ordering arrests under the provisions of Section 27 of the Consumer Protection Act was considered by the Kerala High Court. Under Section 56 of the CPC,'the court shall not order arrest or detention in the civil prison of a woman in execution of a decree for payment of money; regarding recovery of money from others, arrest can be ordered if it is found that the person concerned have means to pay'.
The judge had ruled that 'I quash Ext P5 in so far as it holds that woman can be arrested for recovery of money under Sec 27 of the (Consumer Protection) Act and that means of judgement debtor need not be considered when the power under S 27 is exercised for recovery of money'. (Note: here the supposedly learned judge is NOT applying an exisitng law, he is making ONE!)
2. Subsequently, in Mary Chacko vs Jancy Joseph (2005 (3) KLT 925), a division bench headed by the then CJ of Kerala considered the issue of the applicability of the same Sec 56 of CPC while enforcing the orders under Recovery of Debts Due to Banks and Financial Institutions Act 1993 and ordered that women CAN be arrested because 'there is a clear basis for treating the public dues different from the purely private'. Now this raises a genuine doubt whether the Constitution of India, by which all these luminaries swear by, mention anywhere that justice should be denied to individual citizens? As I see it, or as any man in his senses would see it, it is a big NO! Doesn't it suggest that these people read the Preamble to the Constitution every time they opened a case file? As well as the Gandhi Talisman for added effect?
It was recently reported in the press that a division bench of the apex court had ruled against judges making laws instead of just interpreting them. Also, in a recent case filed in the District Court here by the wife of an advocate against her husband, the advocate literally argued that it would be shame for him to appear before that court and he got an advocate commission appointed to hear the case! And it was also reported in the media that the High Court of Kerala had said that it had refrained from directing the Chief Secretary of the State to appear in person because it did not want to insult him! And that in nutshell sums up the state of our justice delivery system. Can we hope to do anything unless this system is overhauled?
The Right to Information Act had actually opened a window of opportunity to set the system right, But the lawmakers dug the first nail on the coffin of the Act by appointing only those persons whom it could identify as potential murders of the Act as information commissioners- the watch dog for implementation of the Act. And between the information commissions and the judiciary, they are vying with each other to dig the last nail in! Today the information commissions are in the same state where the judicary has landed in 60 years. Dr Abdul Kalam when he was the President asked: why is it that all the undertrials in our prisons are from the marginalised sections of the society? (And all the scams that are being reported in the media involve the politician-bureaucrat nexus!). Today we may ask in the context of RTI Act: why is it that only PIOs of lowest level public authorities have been fined while the law provides for fining the PIOs of all the public authorities if they fail to give satisfactory reply within 30 days of the application?
There are moves a foot to amend the RTI Act. The publicised reasons are of course to make it more user friendly. But going by the history of the Consumer Protection Act we can rest assured that the last nail on the coffin of the Act will be dug by these amendments.
Maj PM Ravindran (Retd)
It only needs our police and courts (including the quasi judicial bodies) to be made efficient and accountable. Unfortunately these have been rated the most corrupt and the second most corupt organisations in India today. And the law-makers are not even talking of making them accountable. In the case of the judiciary even a bill for including the executive in the process for appointing judges to high courts and supreme court is hanging fire for so many years now. And appointing judges is no deal when compared to the onus of making them deliver justice. I shall just quote two examples to prove how wayward out judiciary is.
1. In Jancy Joseph Vs Union of India (1999 (1) KLT 422), the question of applicability of Section 56 of the Civil Procedure Code while ordering arrests under the provisions of Section 27 of the Consumer Protection Act was considered by the Kerala High Court. Under Section 56 of the CPC,'the court shall not order arrest or detention in the civil prison of a woman in execution of a decree for payment of money; regarding recovery of money from others, arrest can be ordered if it is found that the person concerned have means to pay'.
The judge had ruled that 'I quash Ext P5 in so far as it holds that woman can be arrested for recovery of money under Sec 27 of the (Consumer Protection) Act and that means of judgement debtor need not be considered when the power under S 27 is exercised for recovery of money'. (Note: here the supposedly learned judge is NOT applying an exisitng law, he is making ONE!)
2. Subsequently, in Mary Chacko vs Jancy Joseph (2005 (3) KLT 925), a division bench headed by the then CJ of Kerala considered the issue of the applicability of the same Sec 56 of CPC while enforcing the orders under Recovery of Debts Due to Banks and Financial Institutions Act 1993 and ordered that women CAN be arrested because 'there is a clear basis for treating the public dues different from the purely private'. Now this raises a genuine doubt whether the Constitution of India, by which all these luminaries swear by, mention anywhere that justice should be denied to individual citizens? As I see it, or as any man in his senses would see it, it is a big NO! Doesn't it suggest that these people read the Preamble to the Constitution every time they opened a case file? As well as the Gandhi Talisman for added effect?
It was recently reported in the press that a division bench of the apex court had ruled against judges making laws instead of just interpreting them. Also, in a recent case filed in the District Court here by the wife of an advocate against her husband, the advocate literally argued that it would be shame for him to appear before that court and he got an advocate commission appointed to hear the case! And it was also reported in the media that the High Court of Kerala had said that it had refrained from directing the Chief Secretary of the State to appear in person because it did not want to insult him! And that in nutshell sums up the state of our justice delivery system. Can we hope to do anything unless this system is overhauled?
The Right to Information Act had actually opened a window of opportunity to set the system right, But the lawmakers dug the first nail on the coffin of the Act by appointing only those persons whom it could identify as potential murders of the Act as information commissioners- the watch dog for implementation of the Act. And between the information commissions and the judiciary, they are vying with each other to dig the last nail in! Today the information commissions are in the same state where the judicary has landed in 60 years. Dr Abdul Kalam when he was the President asked: why is it that all the undertrials in our prisons are from the marginalised sections of the society? (And all the scams that are being reported in the media involve the politician-bureaucrat nexus!). Today we may ask in the context of RTI Act: why is it that only PIOs of lowest level public authorities have been fined while the law provides for fining the PIOs of all the public authorities if they fail to give satisfactory reply within 30 days of the application?
There are moves a foot to amend the RTI Act. The publicised reasons are of course to make it more user friendly. But going by the history of the Consumer Protection Act we can rest assured that the last nail on the coffin of the Act will be dug by these amendments.
Maj PM Ravindran (Retd)
Wednesday, November 26, 2008
62 years for justice! Battling Pre- Independence Court Cases!
Time to restore people’s faith in the judiciary
THE TRIBUNE recently carried a report about the 62-year-old journey of a civil case. This is a sad commentary on Indian judiciary. Having originated in a sub-court at Coimbatore in Tamil Nadu in 1946, it travelled through several courts. This long journey for a suit that dealt with a minor issue is totally inexplicable. Surely, the delay could have been avoided if the courts — and the advocates — viewed the case from a human angle. It would be unfair to blame one particular court or judge for the malaise. But clearly, it was not handled properly right from the day it was filed in the Coimbatore court. It is always the poor litigants who face the brunt of slow dispensation of justice. For the rich, it matters less whether the case is disposed of expeditiously or not. What is the purpose of the judicial process if one does not have the guarantee of getting justice even in one’s lifetime?
Perhaps, in no other country do the wheels of justice move as slowly as in India. To be fair, though the first decree in this case came in October 1947, innumerable appeals in the Madras High Court challenging the decree contributed to the delay. The Supreme Court, too, cannot be absolved of the blame, because it remitted the matter back to the Coimbatore court in November 1986, i.e., 42 years after the suit was filed!
It is time effective measures were taken to speed up justice. Otherwise, people will lose faith in the judiciary. The plurality of appeals, the frequency and dilatory revisions and reviews can be avoided if the system is trimmed and there is an attitudinal change among all the stakeholders — judges, advocates and litigants. The Centre and the states should take a serious view of the entire legal system and implement the recommendations made by the Law Commission and the Malimath Committee for tackling the problem of mounting arrears. There is no use if these reports remain on paper. Sadly, a lot of time has been wasted to resolve a problem that undermines the legitimate rights of the litigants.
62 years for justice! Time to restore people’s faith in the judiciary
Comment: Tamilnadu holds the record for oldest court cases. The backlog is compounded by lawyers taking the litigants for a eternal ride and making them paupers enroute. Truly a sad state of affairs. Citizens indeed are silent torch bearers of Democracy.
THE TRIBUNE recently carried a report about the 62-year-old journey of a civil case. This is a sad commentary on Indian judiciary. Having originated in a sub-court at Coimbatore in Tamil Nadu in 1946, it travelled through several courts. This long journey for a suit that dealt with a minor issue is totally inexplicable. Surely, the delay could have been avoided if the courts — and the advocates — viewed the case from a human angle. It would be unfair to blame one particular court or judge for the malaise. But clearly, it was not handled properly right from the day it was filed in the Coimbatore court. It is always the poor litigants who face the brunt of slow dispensation of justice. For the rich, it matters less whether the case is disposed of expeditiously or not. What is the purpose of the judicial process if one does not have the guarantee of getting justice even in one’s lifetime?
Perhaps, in no other country do the wheels of justice move as slowly as in India. To be fair, though the first decree in this case came in October 1947, innumerable appeals in the Madras High Court challenging the decree contributed to the delay. The Supreme Court, too, cannot be absolved of the blame, because it remitted the matter back to the Coimbatore court in November 1986, i.e., 42 years after the suit was filed!
It is time effective measures were taken to speed up justice. Otherwise, people will lose faith in the judiciary. The plurality of appeals, the frequency and dilatory revisions and reviews can be avoided if the system is trimmed and there is an attitudinal change among all the stakeholders — judges, advocates and litigants. The Centre and the states should take a serious view of the entire legal system and implement the recommendations made by the Law Commission and the Malimath Committee for tackling the problem of mounting arrears. There is no use if these reports remain on paper. Sadly, a lot of time has been wasted to resolve a problem that undermines the legitimate rights of the litigants.
62 years for justice! Time to restore people’s faith in the judiciary
Comment: Tamilnadu holds the record for oldest court cases. The backlog is compounded by lawyers taking the litigants for a eternal ride and making them paupers enroute. Truly a sad state of affairs. Citizens indeed are silent torch bearers of Democracy.
Wednesday, October 29, 2008
SCPC: Black Diwali for our Jawans
Translated Version of the Article published by the popular Tamil Daily Dina MalarFirst time in the History of Free India, the Chiefs of all the three Defence Services have decided to reject the Recommendations of the Sixth CPC. The Defence Minister Sri AK Anthony has also expressed his concern about the Recommendations of the Sixth CPC. After 60 years of Independence, it is the first time the Armed Forces have exhibited such a reaction.
As per our Constitution, the Armed Forces are to function under the Civil Govt. As some very senior retired Officers from the Services put it, this Civil Govt means the elected representatives of the people. But, over a period of time, the IAS Officers have managed to bring the Govt under their influence & started with a systematic programme of degrading the status of the personnel of the Armed Forces. For example there are about 54,770 Officers in the three Services at present. Out of which, nearly 18,950 Officers are of the rank of Lt Cols, who are considered as the back bone of the Services, since they personally lead the troops in actions. They have been pulled down to Pay Band 3 (Rs 15,600-39,100). On the other hand, the equivalent ranked officers in the civil were pushed up to Pay Band -4 (Rs 37,400-67,000). This degradation of status is not acceptable to the Armed Forces. Similarly, the DGPs of States have been elevated to a higher status & pay than the Lt Gens.
As per the earlier orders, the PBOR were getting a pension of 70% of their pay. This has been reduced to 50%. In addition, 90% of our PBOR retire in the age group of 36-38. This is the period when their domestic liabilities are at the peak. Despite the repeated requests no action has been taken to provide them with alternative employment till they attain the age of 60 years. One Rank One Pension (OROP) has not been implemented, although it has been approved by a Parliamentary Committee in principle.
Officers of the Armed Forces feel that certain irrational & hasty decisions taken by the Govt create embarrassments. The Civil Officer killed in Kandahar in a bomb blast by the terrorists has been awarded ‘Kirthi Chakra’, the highest bravery award of the Armed Forces. In our country hundreds of Army Personnel sacrifice their lives to such attacks by the terrorists without even a mention. Similarly, a Combined Defence Headquarters has been created, but, for the past 7 years no Chief of CDS has been appointed. They feel that it is deliberately being delayed since the Defence Secretary feels that his importance may get eroded. There are so many instances like these where it may be evident that the IAS cadre is bent upon degrading the status of the Armed Forces.
The biggest grievance of the Armed Forces is that the Society & the Govt remembers them only in times of war & calamities. Otherwise they never even bother about them. They forget that the Integrity, Freedom, Development & Security of our Nation is mainly due to the discipline, secularism & selfless service rendered by the Armed Forces.
In any Welfare Committees or measures taken on behalf of ESM, there is no participation of the ESM. At the State level, the Secretary ESM Welfare is an IAS Officer. The same story is repeated in the Centre also. Even in the ESM Commission announced by the Centre recently, the representation of the ESM is marginal & dominated by the IAS & individuals from the civil walk of life.
There may be apprehension in the minds of some, as to whether this united protest by the three Chiefs is a prelude to some revolt by the Armed Forces. Our Armed Forces are beyond such thoughts, since every one of them has taken oath of allegiance to our constitution & they will fight to defend the same with their lives. The action taken by the Chiefs is only to up hold the justice due to the Armed Forces. We can be sure that our Prime Minister will definitely intervene to render justice.
By Col TN Raman (Retd)
Tuesday, September 30, 2008
SCPC: Injustice by Pay Commissions: Press Release
Sir,
1. The IESM (Punjab) has organized a Press Conference for the Ex- Servicemen Organisations of North India at Royal Hotel Phase- 10, Mohali, on 30/9/08 at 11:30am to 12:30 Hrs. This is being attended by Maj Gen Satbir Singh SM, Vice Chairman IESM New Delhi, and heads of ESM org & prominent ESM from Punjab, Haryana, UP, HP, J&K, Rajasthan and the Tricity. We strongly support the bold decision & stand taken by our 3 brave chiefs for proper justice, Value & dignity. We express anguish against Pay Commissions & Govt's indiscriminatory attitudes towards ESM Community & Forces. Surprisingly Defence issues are being handled by unprofessionals, who know nothing of our problems & values nor they want to understand. This GOM have already been tried out many times & we have no hope from them. They do not want Defence representation in them to ensure that cleverly manipulated anomalies are not revealed in time for correction.
2. Bureaucrats have been manipulating & tampering Pay Commission reports to their advantages illegally, that too after the Government's approval. We request for CBI inquiry. For ESM Pensioners, even 4th & 5th Pay Commission reports are yet not implemented sincerely. We have been repeatedly cheated & openly told to get justice through Courts only. Our most genuine demands are over ruled without sufficient cause. Our National Security & Values is at stake, because quality intake is not joining Armed Forces. Civil administration often collapses in crises & the Army is being over used to run the Government. Still our pay, perks & status is much lower than our civil counterparts. Our Chiefs cannot speak more than this being in uniform & in a civilized society of the biggest democratic country.
3. We report with heavy heart that Govt/ Defence Ministry have not appreciated nor responded to our peaceful methods of protests against repeated injustices & neglects caused by bureaucracy & Pay Commissions to Defence Forces, Ex-servicemen & Widows. We feel Govt only responds to violent agitations of high voltage. Some how, we have been avoiding indecent agitations being disciplined & responsible citizens but this decency have not been helping us in the most corrupted & irresponsible system. We are more than 40% Defence employees in the Central Government employees, yet we have not got a separate Defence Pay Commission nor a member in CPCs.
4. Soldiers work for 24x7 days for 281 days in year but civilian who work only for 8x5 days & 165 days in a year, are being graded higher with more pay & promotions. Soldiers are unskilled workers even after handling needle to ship & rifle to Rockets and all electronic gadgets with highest degree of accountability & success rate. We have been sent home much prematurely, just to keep the forces young in the National interest. But Govt have done nothing concrete for our resettlement. We have asked for most legitimate & genuine four demands in a decent & democratic way but Govt is not responding because we have nobody in decision making bodies. That's why, our only main demands are:-
One Rank one Pension, which have been accepted by Parliament but Bureaucrats are not allowing its implementation by various designs. Whereas IAS Officers are manipulating and filling their own pockets illegally being in power.
Guaranteed Job up to 60 yrs age by lateral induction into Civil services & state Police, under Parliament Act. This will improve Civil Admn's credibility, discipline & reduce corruption in uncontrolled set- up. ESM deserve to get much needed Social & Financial Value and powers to look after the most neglected Defence Community. Soldiers will also get some incentive for early retirement after a very tough & disciplined life.
Constitute ESM Commission with statutory powers to safeguard our genuine interests, like many other weaker sections of societies. ESM Commission may be headed by retired SC Judge & only ESM members at National & State level. ESM should draft its terms & conditions with the help of Judiciary.
ESM representation in all Government Bodies Commissions & Committees where ESM Community interests are involved. Our properties, entitlements & honour are not safe & secure in our own nation.
5. Even, Voting Right to Soldiers at their place of duty have yet not been implemented to elect our own representative in Assemblies. Every community gets more than they agitate for violently. The ESM Community should no more be branded as a weak Community. Therefore, we are being forced for undignified agitations. To start with, all ESM should also observe BLACK DIWALI & put Black flag on their Vehicles & houses, till our all demands are met without conditions. We have given our best and sacrificed a lot to protect the nation at our own cost & value; hence we deserve a respectable retired life with dignity, so that next generation replaces veterans happily.
Lt Col SS Sohi (Retd)
Coordinator, Indian Ex-Servicemen Movement, Punjab.
1. The IESM (Punjab) has organized a Press Conference for the Ex- Servicemen Organisations of North India at Royal Hotel Phase- 10, Mohali, on 30/9/08 at 11:30am to 12:30 Hrs. This is being attended by Maj Gen Satbir Singh SM, Vice Chairman IESM New Delhi, and heads of ESM org & prominent ESM from Punjab, Haryana, UP, HP, J&K, Rajasthan and the Tricity. We strongly support the bold decision & stand taken by our 3 brave chiefs for proper justice, Value & dignity. We express anguish against Pay Commissions & Govt's indiscriminatory attitudes towards ESM Community & Forces. Surprisingly Defence issues are being handled by unprofessionals, who know nothing of our problems & values nor they want to understand. This GOM have already been tried out many times & we have no hope from them. They do not want Defence representation in them to ensure that cleverly manipulated anomalies are not revealed in time for correction.
2. Bureaucrats have been manipulating & tampering Pay Commission reports to their advantages illegally, that too after the Government's approval. We request for CBI inquiry. For ESM Pensioners, even 4th & 5th Pay Commission reports are yet not implemented sincerely. We have been repeatedly cheated & openly told to get justice through Courts only. Our most genuine demands are over ruled without sufficient cause. Our National Security & Values is at stake, because quality intake is not joining Armed Forces. Civil administration often collapses in crises & the Army is being over used to run the Government. Still our pay, perks & status is much lower than our civil counterparts. Our Chiefs cannot speak more than this being in uniform & in a civilized society of the biggest democratic country.
3. We report with heavy heart that Govt/ Defence Ministry have not appreciated nor responded to our peaceful methods of protests against repeated injustices & neglects caused by bureaucracy & Pay Commissions to Defence Forces, Ex-servicemen & Widows. We feel Govt only responds to violent agitations of high voltage. Some how, we have been avoiding indecent agitations being disciplined & responsible citizens but this decency have not been helping us in the most corrupted & irresponsible system. We are more than 40% Defence employees in the Central Government employees, yet we have not got a separate Defence Pay Commission nor a member in CPCs.
4. Soldiers work for 24x7 days for 281 days in year but civilian who work only for 8x5 days & 165 days in a year, are being graded higher with more pay & promotions. Soldiers are unskilled workers even after handling needle to ship & rifle to Rockets and all electronic gadgets with highest degree of accountability & success rate. We have been sent home much prematurely, just to keep the forces young in the National interest. But Govt have done nothing concrete for our resettlement. We have asked for most legitimate & genuine four demands in a decent & democratic way but Govt is not responding because we have nobody in decision making bodies. That's why, our only main demands are:-
5. Even, Voting Right to Soldiers at their place of duty have yet not been implemented to elect our own representative in Assemblies. Every community gets more than they agitate for violently. The ESM Community should no more be branded as a weak Community. Therefore, we are being forced for undignified agitations. To start with, all ESM should also observe BLACK DIWALI & put Black flag on their Vehicles & houses, till our all demands are met without conditions. We have given our best and sacrificed a lot to protect the nation at our own cost & value; hence we deserve a respectable retired life with dignity, so that next generation replaces veterans happily.
Lt Col SS Sohi (Retd)
Coordinator, Indian Ex-Servicemen Movement, Punjab.
Tuesday, September 2, 2008
Justice AK Mathur Assumes Charge as Chairperson of the Armed Forces Tribunal
Justice Ashok Kumar Mathur, a retired judge of the Supreme Court has assumed the charge as First Chairperson of the Armed Forces Tribunal. His tenure will be for a period of four years. Born on August 07, 1943, Justice Mathur was enrolled as an advocate of the Rajasthan High Court in 1967. He served as Assistant Government Advocate and Deputy Government Advocate and later as Government Advocate of Jodhpur from 1969 to 1978. He was appointed as Additional Advocate General of Rajasthan in 1981. Justice Mathur became Additional Judge of Rajasthan High Court in 1985 and Permanent Judge of the same court in 1986. He transferred to the Madhya Pradesh High Court in 1994 and was appointed as Chief Justice of the same court in 1996. Justice Mathur was transferred to Calcutta High Court in 1999.
Justice Ashok Kumar Mathur was elevated as Judge of the Supreme Court of India on June 07, 2004 and retired from there on 06 August 2008.
Justice Mathur Assumes Charge as Chairperson of the Armed Forces Tribunal
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