Excelsior Correspondent
SRINAGAR, Aug 28: High Court has directed the Union of India to consider sitting of Armed Forces Tribunal Bench at Srinagar to provide justice to the ex-servicemen.
The direction was passed keeping in view the difficulties being faced by ex-servicemen who cannot afford expenses to visit Armed Force Tribunal at Jammu.
“The court is only interested in dispensing the justice to the ex-servicemen. Needless to mention that while considering the matter, the court came across similar other writ petitions seeking decision on their cases by making available the AFT Bench at Srinagar”, Justice Ali Mohammad Magrey said.
“Ordinarily there should be no difficulty for the respondents to ensure sitting of the AFT Bench at Srinagar but even if there is any the least the respondents can do is to ensure sitting of the Bench once a month or so subject to the convenience of the Bench”, High Court said, adding “the respondents can even make a request to the Chief Justice for making available space in the High Court premises for such sitting”.
The petitioner is stated to have been working as Naib Subedar Clerk in the Indian Armed Force at Srinagar. In his capacity as such he is stated to had filed a Civil Original Suit pending before the Court of Judge Small Causes Srinagar. Later, the suit was transferred to the Armed Force Tribunal Chandigarh Bench which subsequently transferred the same to the AFT Bench at Srinagar.
Since the location of the Bench, as stated, stands shifted to Jammu therefore the petitioner has filed the petition projecting the grievance that due to non-availability of the Bench at Srinagar, he is facing lot of inconvenience as his financial status is not such that he could afford to engage a counsel at Jammu.
“This court while registering the submissions of the petitioner had in terms of order dated 01.08.2018, requested T M Shamsi, ASGI, to seek instructions as to whether there is a possibility of making available the Bench at Srinagar, for hearing the case of the petitioner along with some other persons whose cases are pending in Srinagar”, Justice Magrey said, adding , “subsequent thereto in terms of order dated 12.09.2018, the court had asked the Secretary to the Government of India, Ministry of Defence to explore the possibility of making available the Bench at Srinagar even for a day only to mitigate the miseries of the petitioner”. Even the intervention of the Chairperson Armed Forces Tribunal was sought in the order.
Now, High Court has granted four weeks time to ASGI to report instructions/ response of Ministry of Defence, Government of India.
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