New Delhi, Jan 6 (Representative) The Supreme Court on Monday proposed the establishment of additional Circuit Benches of the Armed Forces Tribunal (AFT) in regions like Shimla, Himachal Pradesh to address the significant workload pending before the tribunals. This initiative aims to alleviate the hardships faced by litigants from areas like Shimla, who otherwise need to travel to Chandigarh to have their cases heard by the AFT. “See if there can be a regional Bench. For Shimla etc., matters can go to Himachal,” suggested a Bench comprising Justice Surya Kant and Justice NK Singh during the hearing of a plea by the Madras Bar Association concerning challenges faced by tribunals, including AFTs, across India. The Court asked the Central government to explore the feasibility of setting up additional AFT Benches and to provide updates on the status of vacancies in the existing Benches. “We have impressed upon the Attorney General (AG) to furnish the current status of different types of vacancies in tribunals, details of the ongoing selection processes, and the stages of such processes. We have also encouraged Mr Singh and others to give suggestions to the AG on improving tribunal working conditions and forming circuit Benches to enhance access to justice. Let these suggestions be submitted within four weeks, and the matter will be revisited after six weeks,” the Court directed.
This order followed concerns Senior Advocate Vikas Singh raised regarding unfilled tribunal vacancies. “One judge was transferred from Chandigarh, and no replacement was made,” he informed the Court. Justice Surya Kant also highlighted the suitability of individuals like Justice Sudhir Mittal, a former High Court judge and current AFT member, for addressing tribunal needs due to his army background. Additionally, the Bench sought details from the Centre regarding the total pendency of cases before AFTs and the requirement for more Benches to manage the caseload effectively. Justice Kant reiterated the need to examine the possibility of setting up additional circuit Benches.Responding to the Court, Attorney General R. Venkataramani stated that administrative issues like these fall under the purview of the AFT Chairman and assured that steps are being taken to fill pending vacancies. “Work on the Chandigarh case is underway. We will also provide a detailed chart regarding the selection process conducted throughout the year,” the AG submitted.
The Court clarified that its intention is not to blame the government entirely but to explore mechanisms for more efficient appointment processes. “No one is saying only the Union is at fault. We can also consider measures to ensure appointments are made six months before retirement, as is done in NCLAT. Mr. Singh, you may suggest such measures,” the Court remarked.During the proceedings, Senior Advocate Arvind Datar raised a separate issue concerning the pending challenge to the validity of the Tribunal Reforms Act, 2021.This legislation has been contested for allegedly circumventing Supreme Court judgments in the Madras Bar Association cases.”There is a challenge to the Tribunal Reforms Act. Not a comma has been changed in the Act that was struck down by this Court. That is shocking,” Datar said.In response, the Bench suggested raising the matter before the Chief Justice of India for appropriate listing. “Please mention it before the CJI; wherever he lists it, it will be heard,” Justice Kant stated.The Court then scheduled the matter for further hearing after six weeks.