Friday, September 15, 2023

Is India's Armed Forces Tribunal independent?

That question has been put to the Supreme Court of India in a recent filing. Excerpt from ThePrint:

An Army colonel has raised doubts over the independence of the Armed Forces Tribunal (AFT), claiming it continues to work under the administrative control of the Union Ministry of Defence (MoD) despite the Supreme Court’s repeated judgments asking the Centre to put an end to the MoD’s control over the AFT.

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[Col. Rajbir] Singh’s petition also highlights the delays in AFT’s decision-making process. The tribunal, Singh contended, was under obligation to deliver judgment within a 30-day period, according to the provision of the AFT Act under which the tribunal was established. Under the law, the tribunal was also bound to specify the date of judgment at the time of reserving its verdict.

Comparative law note: The U.S. Court of Appeals for the Armed Forces is, by statute, located in the Department of Defense "for administrative purposes." Should it be?

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