Bar takes up transfer of AFT judge with CJI
Chandigarh, September 26
The transfer of Justice Dharam Chand Chaudhary, the senior-most judicial member and the Head of Department of the Chandigarh Bench of the Armed Forces Tribunal (AFT) has stirred a massive controversy, with the Bar terming the move as an “assault on judicial independence” and asking its members to abstain from work in protest.
According to the orders issued by the AFT Chairperson on Monday, Justice Chaudhary has been transferred to the Kolkata Bench “for administrative reasons in public interest”. He was asked to relinquish the charge by Tuesday.
In a resolution passed today, the AFT Chandigarh Bench Bar Association said, “In view of the sudden, unethical and uncalled for transfer of Justice Chaudhary, which is a direct attack on the independence of judiciary, the AFT Bar association shall abstain from work till further orders.”
The Bar has also raised some issues pertaining to the administrative functioning of the AFT with the Chief Justice of India, DY Chandrachud, and averred that the transfer was a result of some strict orders passed against some senior government officials over the non-implementation of AFT judgments.
Pointing out that the Ministry of Defence (MoD) is a compulsive litigant in all cases before the AFT and is also known not to implement judicial orders — mostly those concerning disabled soldiers, widows and old pensioners — passed against it, the letter to the Chief Justice mentions that over 2,000 execution and contempt proceedings are pending before the Chandigarh Bench.
According to orders issued on September 5, henceforth, all execution or contempt cases from all AFT benches across the country are to be listed only before the Chairperson’s court in New Delhi.
Referring to an earlier letter written to the Chief Justice by the Bar, alleging interference in judicial matters by the Defence Secretary by way of seeking a report and analysis of orders passed by the tribunal, the Bar has urged the Chief Justice to quash the transfer orders and remove the AFT from the control of the MoD.
The issue of the AFT functioning under the administrative control of the MoD has also seen judicial intervention. The case for bringing the AFT under the jurisdiction of the Ministry of Law is pending before the apex court.
