Dated: 30 Mar 2013
Dear
Veterans
Letter to RM, PM, some leaders, three Chiefs dated 30 Mar 2013 titled “Shocking And Contemptuous
Statements By Secretary Of The Department Of Ex-Servicemen Welfare (DESW)
Before The Parliamentary Committee On Defence Examining Issues Relating To
functioning Of Armed Forces Tribunal, Which Not Only Show Administrative
Arrogance But Also Lower The Dignity Of Courts Of The Country” is
enclosed herewith for your information and widest circulation please.
With Regards,
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM
Movement
Mobile:9312404269, 0124-4110570
*********************
Dated: 30 Mar 2013
Raksha Mantri
Ministry of Defence
South Block
New Delhi- 110 011
SHOCKING AND CONTEMPTUOUS STATEMENTS BY SECRETARY
OF THE DEPARTMENT OF EX-SERVICEMEN WELFARE (DESW) BEFORE THE PARLIAMENTARY
COMMITTEE ON DEFENCE EXAMINING ISSUES RELATING TO FUNCTIONING OF ARMED FORCES
TRIBUNAL, WHICH NOT ONLY SHOW ADMINISTRATIVE ARROGANCE BUT ALSO LOWER THE
DIGNITY OF COURTS OF THE COUNTRY
Dear Mr Raksha Mantri,
1. Time and
again it has been brought to your notice that the Department of Ex-Servicemen
Welfare (DESW) which is meant to look after the interests of defence veterans
and their families, does not have even one person from the defence community at
the policy level. However all pleas have fallen on deaf ears and India must be
the only country where a department meant for the welfare of defence veterans
has no representation of the said group and on the contrary harbours a deep
anti-veteran sentiment.
2. The recently submitted
report of the Parliamentary Standing Committee on Defence (18th Report)
which was examining issues related to granting of civil contempt powers to the
Armed Forces Tribunal has exposed the true feelings that the DESW holds towards
defence veterans and judiciary of this nation. The Secretary DESW has also
proved that DESW has perverse and separate views than the overall stand of
Ministry of Defence (MoD) expressed by the Defence Secretary and by the Law
& Justice Secretary.
3. We would
like to place on record our deep shock, surprise, astonishment and disapproval
of the following stand of the DESW in general and contemptuous statements
of the Secretary DESW in particular:-
A. In Paragraph 3.9 of the report,
Secretary DESW states that court decisions are not implemented if they are
against government policy. The Secretary DESW also conveys that there is freedom
as regards the implementation of such decisions. May we remind you Raksha
Mantri ji that court decisions are binding upon the government and have to be
implemented till there is a stay on their operation by a higher court. The
statement on the government having freedom of implementation lowers the dignity
of the entire judiciary. May we also remind you Raksha Mantri ji that Courts
and Tribunals are only approached when a person is not granted relief as per
existing policy or guidelines of the government and in that sense almost all
decisions rendered against the government are bound to be against government
policy, would that mean that all decisions of all Courts and Tribunals are
wrong?
B. In Paragraph 3.10, the Secretary
DESW casts aspersions on the Administrative Members of the Armed Forces
Tribunal saying that there is conflict of interest while deciding pensionary
matters. Such an aspersion on senior retired military officers is uncalled for
and is condemned. Have you, Raksha Mantri ji, also heard of any such aspersion
being cast on Administrative Members of the Central Administrative Tribunal?
C. In Paragraph 3.11, the Secretary
DESW complains that Tribunals are passing orders against policy issues which
they cannot do. May we remind you Raksha Mantri ji that Tribunals are bound to
comment on reasonableness of policies and quash them when they are found to be
illegal and it is very much within the domain of the Tribunals as held by a
Seven Judges Constitutional Bench of the Supreme Court reported as 1997 AIR
(SC) 1125. The same has been repeated by Constitutional Courts time and again
which have held that unless Tribunals examine policy decisions, there shall be
duplicity of proceedings which would result in defeating the very purpose of
forming Tribunals. In any case, if a litigant is satisfied with government policy
or action, then why would he or she even approach any court? If policies are so
sacred then there is no requirement of any court or Tribunal in this country.
D. In Paragraph 3.12, the Secretary DESW
shamelessly talks of the merits and demerits of cases being heard by judicial
bodies on which there are already positive pronouncements by the Supreme Court
in favour of disabled soldiers and which are being examined by your office also
albeit on the misleading inputs of DESW staff. What authority does the DESW
have to talk of merits or demerits of judicial proceedings outside the court
and thereby trying to cloud the thinking process of the committee? The
Secretary also contemptuously says that going beyond policy is not a routine
but complains about one or two benches which are not following MoD policy. Can
a member of the executive speak so contemptuously about judicial bodies and
their judicial functioning? Can anybody even dare to state that a judicial body
is passing orders against policy framed by executive authorities? If the
judiciary will not pass orders interpreting policies or quashing illegal
policies/letters/OMs then who would? Raksha Mantri ji, how could you
allow one of your Secretaries to speak in this manner against judiciary?
4. It is brought to your notice
that none of the issues commented upon by the Secretary DESW were supported by
the Defence Secretary or the Secretary, Ministry of Law and Justice, both of
whom understood that AFT is a judicial body and is to be accorded due respect and
authority. It is also not understood what right did the DESW have in presenting
its views to the Committee and in which capacity? As far as powers of grant of
civil contempt are concerned, there could only be three agencies who could be
actually called the stake-holders or who could logically be associated with the
subject, that is, the Defence Ministry through the Defence Secretary, the
Ministry of Law and Justice through its Secretary and the end users, that is,
private individuals or ex-servicemen organizations. At most the value and
support of comments of legal experts could be taken.
5. It has earlier been
complained to you by ex-servicemen, Defence Services HQ as well as
ex-servicemen bodies that DESW is manned by certain officers who are openly
anti-defence personnel, and unlike the Civil Department of Pensions and
Pensioners’ welfare (DOPPW), there is no representation of the stake holders in
policy or decision making process. It also seems from the statements made
before the Parliamentary Committee that the DESW wants to make AFT subservient
to its interests or treat is as another office of the MoD and not like a
judicial body. The DESW also continues to file appeals time and again in the SC
against verdicts rendered in favour of defence personnel by various Courts. In
fact even otherwise, despite Supreme Court decisions to the contrary, the AFT
continues to function under and remain under the administrative control of the
MoD which reflects a total conflict of interest since the AFT is to pass orders
against the MoD only. The MoD should have no control over the benefits or
facilities granted to AFT members or on rules or functioning of the AFT since
it cannot be made to be a judge of its own cause. The AFT and its Members
should be provided adequate, due and proper facilities, respect and
accommodation by an independent body such as the Law and Justice Ministry.
6. In light of the above, we re-iterate
the following:
(a) That the statements of Secretary DESW before
the Parliamentary Committee are deplorable and are hereby condemned by us being
contemptuous towards the AFT in particular and towards judiciary in general.
The Secretary DESW also had no business to comment on judicial functioning of
the Tribunal or to cast aspersions on Members of the Tribunal or complain
against individual Benches of the Tribunal. He also had no business to comment
on merits of judicial issues and pronouncements which have been upheld by even
the Hon’ble Supreme Court. Suitable action may be taken against the said
officer.
(b) That there should be adequate
representation of defence veterans in the decision and policy making mechanism
for policies which affect them, on lines of the Department of Pensions and
Pensioners’ Welfare (DoPPW) which functions under the DoPT. Polices related to
defence veterans cannot be forcibly imposed on them without taking their views
into consideration. The DESW be restructured to be headed and manned by
serving and retired defence personnel at the decision making level.
(c) Like other democracies of the world, there is
immediate need to establish. Ex Servicemen Commission,
to be headed and manned by ESM, and a few judges. Though agreed by the
Govt in 2008, it has yet not been established. The same be constituted on
priority.
(d) The Armed Forces Tribunal should be
immediately placed under the independent control of the Ministry of Law and
Justice as directed in similar cases of L Chandra Kumar and R Gandhi (1997 and
2010) by the Hon’ble Supreme Court and also now endorsed by the Parliamentary
Committee. The AFT and members be provided proper facilities and accommodation
and be totally delinked from the MoD against which they have to pass all
orders. No direct or indirect control over the AFT or service conditions and
benefits of the Members should be wielded by the MoD.
(e) We appreciate the approach of
the Defence Secretary and the Secretary and representatives of the Ministry of
Law and Justice for fully realizing the importance of the Tribunal and
emphasizing on the requirement of its due dignity. Accordingly, as endorsed by
all actual stake holders, that is, Defence Ministry, Law and Justice Ministry,
affected individuals/organizations and experts examined by the committee, the
case for full fledged powers of civil contempt without distinction, as
available to the Central Administrative Tribunal, be processed and
granted for the Armed Forces Tribunal.
7. You are requested to act upon the
above.
Thanking You
With Regards,
Yours Sincerely,
Jai Hind
Maj
Gen (Retd) Satbir Singh, SM
Vice
Chairman Indian Ex Servicemen Movement
Mobile:9312404269,
0124-411057
Copy
to:-
Dr
Manmohan
Singh
Hon’ble
Prime Minister of
India
10
Parliament
House
New
Delhi -110011
|
|
Smt.
Sushma Swaraj,
Leader
of the Opposition in
Lok
Sabha Shri Satish C Gupta 44,
Parliament
House, New Delhi -01
|
|
Smt Sonia Gandhi
President
Indian National Congress
Chairperson
UPA
10
Janpath, New Delhi
|
|
Shri
L. K.
Advani
Chairman
NDA
30
Prathvi Raj
Road
New
Delhi -110003
|
|
Sh.
Rajnath Singh
Bharatiya
Janata Party
38,
Ashoka Road
New
Delhi - 110
001
|
|
General
Bikram Singh, PVSM, UYSM, AVSM, SM, VSM, ADC
Chief of the Army Staff
Integrated
HQs of Armed Forces (Army)
South
Block, New Delhi-110011.
|
|
Admiral
Devendra Kumar Joshi, PVSM, AVSM, YSM, NM, VSM,
ADC
Chief of the Naval Staff
Integrated
HQs of Armed Forces (Navy),
South
Block, New Delhi-110011.
|
|
Chief
Marshal Norman Anil Kumar Browne, PVSM, AVSM, VM
Chairman
Chiefs of Staff Committee and
Chief
of the Air Staff. Vayu Bhawan, New Delhi 110011.
|
|
Minister
of Law and Justice,
Shastri
Bhawan, New Delhi-1
|
|
Secretary,
Law and Justice,
Shastri
Bhawan, New Delhi-1
|
|
Defence
Secretary,
South
Block, New Delhi-11
|
|
Armed
Forces Tribunal (AFT)
(Principal
Bench)
West
Block – VIII,
Opp.
Mohan Singh Market,
Sector-I,
R .K. Puram,
New Delhi -110066 |
|
Armed
Forces Tribunal (AFT)
(Chandigarh
Regional
Bench)
T.C.P.
Tank, Chandi Mandir,
Punchkula,
Haryana- 134107
|
|
Armed
Forces Tribunal (AFT)
(Lucknow
Regional
Bench)
3,
R.A.K. Marg, P.O.
Dilkusha,
Lucknow – 226002
|
|
Armed
Forces Tribunal (AFT)
(Kolkatta
Regional
Bench)
6,
Clyde Row, Hastings,
Kolkatta – 700022 |
|
Armed
Forces Tribunal (AFT)
(Guwahati
Regional
Bench)
GL,
Publication Building,
7th Floor,
G.S. Road,
Guwahati – 781007 |
|
Armed
Forces Tribunal (AFT)
(Mumbai
Regional
Bench)
7th Floor,
MTNL Building,
A.G.
Bell Marg, Malabar Hills,
Mumbai -400006 |
|
Armed
Forces Tribunal (AFT)
(Kochi
Regional
Bench)
Bristow
House, INS Dronacharya,
Beach
Road, Kochi – 682001
|
|
Armed
Forces Tribunal (AFT)
(Chennai
Regional
Bench)
Building
No. 1A (Old MH Complex),
Rudhra
Road, St. Thomas Mount, Chennai -16
|
|
Armed
Forces Tribunal (AFT)
(Jaipur
Regional
Bench)
Near
Chinkara Gate,
Sawai
Jai Singh, Jaipur (Rajasthan)
|
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