New Chapter inserted in J&K General Rules (Civil)
Step harmonizes judicial processes with military duties
Mohinder Verma
JAMMU, July 25: In order to safeguard the legal rights of the military personnel and ensure that those defending the country are not left vulnerable in civil litigation due to their service commitments, the High Court of Jammu & Kashmir and Ladakh has notified a significant amendment to the Jammu and Kashmir General Rules (Civil), 1978 and inserted new Chapter “Suits by or against the soldiers”.
The amendment has been carried out in exercise of the powers conferred by Article 227 of the Constitution of India read with Section 122 of the Code of Civil Procedure, 1908 and with the approval of the Lieutenant Governor, read the notification issued by M K Sharma, Registrar General (Officiating) of the High Court of Jammu & Kashmir and Ladakh.
With thousands of Armed Forces personnel posted across difficult terrains, many have long struggled with defending or prosecuting civil suits due to their inability to attend court proceedings. The new chapter not only ensures that justice is not denied to service personnel due to their military duties but also streamlines how the civil courts must handle such cases.
Follow the Daily Excelsior channel on WhatsApp
“All persons belonging to the Armed Forces are amenable to the jurisdiction of ordinary civil courts subject and are liable to certain procedural requirements as regards their personal appearance in court and execution of decree against their persons, pay and allowances and military equipment”, the Part-A of the new chapter said.
The amendment affirms that all military personnel are within the jurisdiction of civil courts, but subject to certain procedural privileges to protect their service obligations. These include safeguards regarding their appearance in court, execution of decrees and protection of pay, allowances and military equipment.
About legal immunities, the notification reiterates several protections and said, “Section 29 of the Army and Air Force Act prohibits arrest of military personnel for debt recovery while they are in active service. If arrested unlawfully, the courts can release them and award costs”, adding “under Section 28, pay, allowances, uniforms, arms and animals used in the service cannot be seized by civil or revenue courts”.
Laying thrust on priority in court cases, the new chapter states that solders on leave for litigation can present a certificate from their Commanding Officer to get priority hearing in courts, ensuring swift disposal of their cases within the leave period. Moreover, no fees shall be charged for presenting such certificates for any litigation-related applications by the solders.
Recognizing that many serving personnel cannot attend court personally, the new chapter allows them to appoint an attorney through a written authority, using a specifically prescribed format endorsed under the Army Regulations of 1927. This power of attorney will not attract court fee and remain valid even in appellate stages of litigation.
For time-bound disposal of cases, the courts have been directed to dispose of cases involving soldiers with utmost priority, irrespective of their position in the cause list, particularly when soldiers are on temporary leave to attend proceedings. Moreover, Judges have been empowered to grant further leave extensions if necessary and they will immediately inform the soldier’s Unit Commander about any such extensions.
The amendment incorporates the provisions of Indian Soldiers’ Litigation Act, 1925, offering further legal safeguards: “If the court suspects that a party to a case is an Indian soldier serving under special conditions and is not duly represented, it must suspend the proceedings and notify the concerned Commanding Officer”, the amendment read.
Moreover, upon confirmation from the military authority that the soldier is serving under special or war conditions, the court must postpone the case until he is properly represented or until special conditions end. Further, courts can set-aside decrees or orders passed in the absence of soldiers serving under war-like conditions if sufficient cause is shown.
“The time spent in such service will be excluded from the limitation period for filing legal claims (except in pre-emption suits), ensuring soldiers are not penalized for delay due to service”, the new chapter said.
One important clarification pertains to succession certificate proceedings under the Indian Succession Act, 1925. The courts have been instructed not to treat soldiers named in the applications as parties unless they are formally impleaded and avoid issuing notices to soldiers serving under special conditions unless there is a specific reason to suspect the applicant’s good faith. In such cases, the courts have been directed to demand security or seek a written assurance or power of attorney from the absent soldier.
The new chapter will benefit officers and enrolled personnel of the Army and Air Force, members of the Indian Reserve Forces, Territorial Army and Air Force Volunteer Reserve, those serving under orders, during training, or in active field conditions etc.
This proactive step by the High Court of J&K and Ladakh will ensure that those defending the country are not left vulnerable in civil litigation due to their service commitments. Moreover, it harmonizes judicial processes with military duties.
Follow our WhatsApp channel
