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Bill for creating armed forces’ courts cleared

By IANS

New Delhi : The cabinet Thursday cleared amendments to a bill to be tabled in parliament for creating special courts of appeal for armed forces personnel.

“The proposed amendments answer major concerns which emerged during deliberations on the draft bill by the standing committee of parliament on defence,” Finance Minister P. Chidambaram told reporters after a cabinet meeting chaired by Prime Minister Manmohan Singh.

“These are expected to make the adjudication by the Armed Forces Tribunal more effective, transparent and equitable, thereby making it more acceptable to service personnel in general,” Chidambaram added.

The bill had been tabled in the Rajya Sabha in 2005 and had then been referred to the standing committee. After the amendments that had been suggested were incorporated, the law ministry vetted the bill before it was sent for cabinet approval.

The tribunal, once it is constituted, would deal with appeals against court martial verdicts and grievances relating to conditions of service including promotions, confirmations and appointments.

Some 9,000 appeals filed by armed forces personnel are pending in various courts across the country. Once the Armed Forces Tribunal is created, all these cases will be transferred to the new entity.

The decision to form the tribunal had been taken in the light of a Supreme Court directive for setting up such a body. This apart, the defence ministry has long felt the need for a body to prevent military personnel from going to civil courts for redressing their grievances.

The tribunal would function on the lines of the Central Administrative Tribunal (CAT). The Army Act, the Navy Act and the Air Force Act would have to be amended before the tribunal is set up, an official said.