Supreme Court moots additional benches for Armed Forces Tribunal to ease workload

The Supreme Court on Monday suggested that additional circuit Benches of Armed Forces Tribunal (AFT) could be set up in places such as Shimla in Himachal Pradesh to ease the heavy workload pending before such tribunals [Madras Bar Association v. Union of India].The setting up of such additional Benches could also ease the woes of litigants from areas such as Shimla, who may otherwise have to travel all the way to Chandigarh if their case needs to be heard by the AFT."See if there can be regional Bench. For Shimla etc., matters can go to Himachal," the Court suggested. A Bench of Justices Surya Kant and NK Singh was hearing a plea by the Madras Bar Association regarding issues plaguing tribunals, including AFTs, across India..The Court today asked the Centre to consider the aspect of setting up additional AFT Benches.It also asked the government to give information on status of vacancies across existing AFT Benches."We have impressed upon Attorney General (AG) to furnish current status of different types of vacancies in different tribunals and details of ongoing selection process and status of stages of the process. We have also impressed upon Mr. Singh and others to give suggestions to AG regarding improving working conditions of tribunals and forming circuit Benches to provide easy access to justice. Let the suggestions be given under four weeks and let the matter be placed after six weeks," the Court ordered. .The order was passed after Senior Advocate Vikas Singh expressed concerning about unfilled tribunal vacancies."One judge was transferred from Chandigarh and no one else was appointed," he told the Court."Justice Sudhir Mittal (a former High Court judge who is now an AFT member) is from the same place and he has army background. He can be a good candidate," Justice Kant observed.The Court proceeded to seek information from the Central government on the total pendency of cases before AFTs and the corresponding requirement of Benches to deal with such a caseload.Notably, Justice Kant also asked the Centre to examine whether additional circuit Benches could be set up to ease the workload of existing Benches..Attorney General of India R Venkataramani replied that such administrative matters could be dealt with by the AFT chairman. The Centre is also working to fill pending vacancies, he said."Chairman knows how to handle this. Work in the Chandigarh case is underway and will happen soon. We will give the chart as well .. Tribunal selection process happens throughout the year," the AG submitted.The Court assured that it is not placing the entire blame on the government, and that it is only exploring measures to ensure that vacancies are filled more promptly."No one is saying only Union is at fault. We can also think of a mechanism so that advance appointments are made before 6 months of retirement. For NCLAT, something like that is done. Mr. Singh you can also suggest some measures," the Court said..The Court then proceeded to list matter after six weeks. During the hearing today, Senior Advocate Arvind Datar also mentioned a related issue concerning a pending challenge to the validity of the Tribunal Reforms Act, 2021, The same has been challenged on the ground that it was enacted to overcome the effect of the Supreme Court's judgment in the Madras Bar Association cases. "There is a challenge to the Tribunal Reforms Act. Not a comma is changed of the Act which was struck down by this Court. That is shocking," Datar said. The Court, however, confined to asking the counsel to mention it before the appropriate Bench. "Please mention before CJI and wherever he lists, it will be heard," Justice Kant said. .[Read Live Coverage]