‘Highly disturbing’: AFT Chandigarh Bench Bar Association takes exception to AG’s comments on disability cases

“The members of this Bar association watched in disbelief the highly disturbing comments made by the learned Attorney General, obviously on being briefed regarding the same by certain unknown entities, wherein he cast aspersions on judicial bodies and verdicts in favour of disabled soldiers calling the same a “racket”, as also reported by the media,” the statement said.

The case in which the said comments were made was filed before the Supreme Court by the Bar association regarding the sudden transfer of the judicial member-cum-head of department of the Chandigarh Bench of the AFT to Kolkata. The judicial member, who was going to hear contempt petitions on the subject the next day, had passed strong orders against non-compliance of five to six-year-old judgments of the AFT.

The other prayer was to take the AFT out of the purview of the Ministry of Defence (MoD) as already directed by Constitution bench decisions of the Supreme Court, which have not been given effect till date.

“During the course of hearing, the learned AG, obviously on being briefed in this manner, made many disparaging, factually incorrect and derogatory comments regarding judicial functioning of the AFT and called disability pension cases of disabled soldiers a “racket”. The uncharacteristic remarks by the learned AG, who is a thorough gentleman, clearly were based on what he was briefed,” the statement added.

The Bar association, while taking strong exception and opposition against such statements, said these reflect not only a direct assault on the independence of the AFT but are also an affront to the sacrifices of our soldiers for this nation. Further, such attempts are aimed at weakening the will and resolve of other members of the AFT, the Bar added.

“All cases of disability pension have been decided and settled by the Supreme Court and High Courts and yet disabled personnel are being forced to litigate in the AFT with individual cases. The AFT is only passing orders based on law settled by the Supreme Court. Many such orders have been challenged and upheld till the Supreme Court by detailed judgments. In that sense, the statement of the AG reflects his poor opinion on the law laid down by the Supreme Court on disability benefits,” the statement said.

The Bar further said that upon losing a case, the only way for the MoD is to challenge it judicially before a higher forum, and not make wild allegations based on ‘financial implications’ of judgments, which demean the sacrifices of our brave soldiers. “Moreover, more than 15,000 cases of disability pension have been decided in favour of disabled soldiers by the Supreme Court, high courts and AFT, and to call all these cases a “racket” does not behove the learned AG,” the Bar said.

The statement further said that the real racket was the MoD filing mindless unnecessary appeals, reviews and ‘leave to appeal applications’ against disabled soldiers, widows and old pensioners in settled matters, even against legal advice and even against direct orders of successive defence ministers, by denting the public exchequer and wasting taxpayers’ money, despite having faced multiple strictures by courts.