Alok Singh
The Supreme Court has proposed the establishment of additional circuit Benches of the Armed Forces Tribunal (AFT) at places like Shimla, Himachal Pradesh, to tackle the significant case backlog and reduce the travel hardships faced by litigants who have to go to Chandigarh for hearing.
During a plea, under Madras Bar Association v. Union of India, concerning issues plaguing tribunals across India, including AFTs, a Bench of Justices Surya Kant and NK Singh directed the Centre to explore the feasibility of establishing regional AFT Benches and provide updates on tribunal vacancies.
The Court urged for timely appointments and improved working conditions in tribunals. It suggested that appointments should be made six months before retirement, similar to the practice in NCLAT.
Senior Advocate Vikas Singh pointed to unfilled vacancies, saying a judge transferred from Chandigarh still hadn’t been replaced. Justice Surya Kant highlighted that Justice Sudhir Mittal, an AFT member with an army background, could be a suitable example for addressing tribunal requirements.
Attorney General R. Venkataramani assured the Court that efforts are underway to fill vacancies and that a detailed report on the selection process would be submitted. The AG also noted that such administrative matters fall under the purview of the AFT Chairman.
The Court sought comprehensive data on pending cases and required more Benches to manage the caseload. It called upon stakeholders to forward proposals for improving tribunal functioning within four weeks and adjourned the matter for further consideration after six weeks.
Separately, senior advocate Arvind Datar raised concerns regarding the validity of the Tribunal Reforms Act 2021, which has been challenged for allegedly violating earlier Supreme Court judgments. Datar pointed out that despite the Act being struck down previously, it was re-enacted without amendments, which he found shocking.
The Court suggested that Datar mention the matter before the Chief Justice of India for appropriate listing.