A letter has been written to the Chief Justice of India by the Armed Forces Tribunal (AFT) Chandigarh Bench Bar Association for taking strong objection to decision by the AFT chairperson to transfer judicial member Justice Dharam Chand Chaudhary from Chandigarh AFT to Kolkata bench.
The letter clearly states how the AFT Bar said that the transfer of Justice Chaudhary was a consequence of the strict orders passed by him against senior government officials of the Ministry of Defence (MoD).
The letter clearly stated that the extension of the chairperson of AFT, was due in Nov 2023, has suddenly transferred the Judicial Member-cum-Head of Department (HOD) of Chandigarh bench,who also held the post of the former acting Chief Justice of Himachal Pradesh High Court
The letter also sattes that the reason for his transfer was that he refused to buckle under pressure of the MoD and presumably the chairperson, who did not want uncomfortable orders to be passed against the senior functionaries of MoD.
The letter shows the flowchart of how things conspired which eventually lead to the transfer of the justice.
As per the information, Justice Chaudhary had taken a grim view of non-implementation of AFT’s orders, and after repeated opportunities and non-adherence to submissions made on affidavit, issued bailable warrants against some senior MoD officials.
The letter to the CJI very clearly said that the transfer is a direct assault on the independence of judiciary asked to quash it..
After the warrants were issued, the MoD officials moved Punjab and Haryana High Court against the same but the High Court on July 7, 2023 upheld the order of Justice Chaudhary and also directed the senior MoD officials to file compliance report before the Chandigarh bench of the AFT.
As per the letter, the MoD officials then tried to overreach the judicial system and filed an application before the chairperson of AFT for transfer of contempt cases from the Chandigarh bench to the chairperson’s bench at AFT in Delhi (the principal bench).
The chairperson of the tribunal then withdrew the execution applications from other benches of the principal bench and directed that only his bench shall hear executions.
The chairperson at Chandigarh bench first issued notice and on the first date of hearing, transferred the contempt cases from Chandigarh bench to his own bench on September 15 despite the matter having been already adjudicated by the Punjab and Haryana High Court.
On September 25, the chairperson transferred Justice Dharam Chand Chaudhary from Chandigarh bench to Kolkata bench for administrative reasons in public interest.”
The letter mentions how the chairperson was given less than 12 hours to Justice Chaudhary to relinquish charge.
The bar body said that this will give a very wrong message that if one passes orders against senior government functionaries for strict compliance with judgments, then such transfer will be the result and hence all members should refrain from passing strict orders against senior MoD officials/
This is not the first time as the AFT Bar Association had written to the CJI before in a case where there was a direct interference by the Defence Secretary and other officers of the MoD in the functioning of the AFT.