SPEECH BY HER EXCELLENCY THE PRESIDENT OF INDIA, SHRIMATI PRATIBHA DEVISINGH PATIL, AT THE INAUGRATION OF THE ARMED FORCES TRIBUNAL

New Delhi, 8th August 2009

I am happy to inaugurate the Armed Forces Tribunal an avenue of judicial review especially for the Defence Forces of our country, who bravely guard our borders. Steps that address their concerns and maintain their morale are important. The establishment of the Armed Forces Tribunal an exclusive court for the members of the Army, Navy and the Air Force will enhance their confidence and trust levels in the system of dispensation of justice in relation to their service matters. Hence, it marks an important milestone in the history of the Armed Forces in India.

I am told that many service related cases have been filed in the various courts of the country by the aggrieved personnel of the Defence Forces. Currently, about nine thousand such cases are pending in the courts, mostly in the High Courts. Now, apart from the writ jurisdiction of the Supreme Court and High Courts, the Tribunal will have exclusive jurisdiction in nearly all issues relating to the conditions of their service ranging from tenure to seniority, promotion and pension benefits. It is also noteworthy that this Tribunal would look at matters brought to it by both serving and retired personnel of the three services.

Tribunal will also act as the appellate forum for the Armed Forces personnel against verdicts of court-martial. This meets a prime demand of the forces. Thus, the Tribunal will in effect have the powers of a civil court for the purpose of issues relating to service matters and that of a criminal court in its role as an appellate authority against decisions arising out of a court-martial.

When a new institution is set up to meet a specific demand or to fill a lacuna, the expectations from it are usually high. However, a new body has an advantage as while framing rules, regulations and working methodologies, it can do so in a way that will fulfill its mandate in the most effective manner. The Act establishing the Tribunal does not bind it to the Civil Procedure Code and, hence it provides for flexibility in procedures as long as they are in conformity with the principles of natural justice. While taking other judicial practices into account, the Tribunal should not feel constrained by precedence. It can follow best practices but it can also explore new ways and use technologies from the very beginning. The list of cases alongwith their date of hearing should be put online. There should be predictability in court hearings and adjournments granted only in very exceptional circumstances. I hope that the Tribunal will conduct its work in a manner which ensures that cases are handled expeditiously and proceedings are completed as soon as possible. It should be particularly careful in avoiding the build up of backlogs, which become the cause of delay, defeating the very purpose for which it is established - speedy justice.

I am confident that the Tribunal will meet the challenges of administering justice in a fair and equitable manner. Therefore, in its work and conduct it should follow the strictest standards of probity. Consisting of both judicial and administrative members, it is in a position to dispense justice by combining legal knowledge with a complete input of the ground realities in which the Armed Forces operate. I have been informed that apart from the Principal Bench in Delhi, the Tribunal will have Benches at other eight locations close to various military stations and cantonments as well as to areas in which a number of ex-servicemen personnel reside. This would further enhance the speed at which justice can be provided.

The Judiciary and the Armed Forces have had a long history of following codes of impeccable conduct and of upholding law in an upright manner. I am confident that this Tribunal will set standards of reference even for other courts in terms of ethics, systematic working methodology and equitable justice. I convey my good wishes to its Chairperson and members. My best wishes to all of you. With this I inaugurate the Armed Forces Tribunal and wish it every success in contributing to building an efficient system for the dispensation of justice

Thank you,

Jai Hind.

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