Supreme Court stays transfer of AFT Chandigarh Bench's judicial member

Tribune News Service

Vijay Mohan

Chandigarh, October 9

The Supreme Court on Monday stayed the transfer of the judicial member-cum-head of department of the Armed Forces Tribunal’s Chandigarh Bench, Justice Dharam Chand Chaudhary, to the Kolkata Bench.

A Bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra also sought a detailed report from the AFT chairperson on the circumstances under which Justice Chaudhary was transferred.

The apex court was hearing a petition filed by the AFT Chandigarh Bench Bar Association, raising the issue of the transfer and other aspects related to the administrative functioning of the AFT.

“In our petition, we had made two prayers. The first was a stay on the transfer orders and the second was against the Ministry of Defence having entire control over the functioning of the AFT,” a member of the Bar said.

The Bar, which has been abstaining from work since the transfer orders were issued on September 25, had earlier also written to the Chief Justice, averring that the move was an assault on the independence of the judiciary.

The controversy over the transfer of Justice Chaudhary had taken a twist after the Bar, in a letter written to the Chief Justice on October 4, had claimed that it was in possession of proof of direct interference of the Ministry of Defence in the judicial functioning of the AFT.

The bar had said that the remarks made by Defence Minister Rajnath Singh at an event conducted by the Defence Accounts Department (DAD) pointed towards this.

Justice Chaudhary’s transfer to Kolkata Bench "for administrative reasons in public interest" had prompted the Bar to write to the Chief Justice of India on September 25, averring that it was a direct assault on the independence of the judiciary because strict orders were being passed against senior government officials for non-implementation of AFT judgments.

The Bar had claimed that Justice Chaudhary was posted out a day before he was to hear a contempt case against a DAD officer for non-implementation of judicial orders in order to save her. All contempt and execution applications in other benches have also been transferred by the AFT chairperson to his own court.

In its order on Monday, the apex court has also directed that the execution applications being heard in Chandigarh would not be disposed of without leave of this court.

On August 3, the Bar had written that the Defence Secretary had asked the Chandigarh Bench to submit a report on the decisions on pay and pension matters taken by the Bench. Since the defence ministry is the first respondent in all cases before the AFT, it amounted to direct interference.

While stressing that the integrity of the defence minister and the defence secretary is not being questioned, the Bar has claimed that they are being misguided by officials of the defence ministry who face much heat from various courts and tribunals.

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