Expressing displeasure over the Ministry of Defence (MoD) getting into
unnecessary litigation, the Supreme Court has imposed a cost of Rs 1
lakh on the government for filing an appeal in the case of a disabled
soldier when similar appeals had already been dismissed earlier.
A former soldier, Naik Balbir Singh, who hails from Hoshiarpur district,
had been granted relief by the Chandigarh Bench of the Armed Forces
Tribunal in 2016. The MoD, however, challenged the order.
“This is unnecessarily adding to the burden of the justice delivery
systems for which the Union of India must take full responsibility,” a
Division Bench comprising Justices Madan B Lokur and Deepak Gupta held
recently.
It also asked the government to deposit the costs with the SC Legal
Services Committee within four weeks for utilisation in juvenile justice
issues.
The case is expected to come up for hearing on April 23 for the government to file its compliance report.
A committee of experts on reduction of litigation had come down heavily
upon the MoD and the services headquarters for generating unnecessary
“ego-fuelled litigation” by perceiving litigants as persons “acting
against the state”.
The panel had noted that even SC decisions, sentiments expressed by the
PM and Defence Minister and letters by A-G for reducing litigation had
not had any effect.
CLICK HERE TO VIEW THE HON'BLE SUPREME COURT ORDER
Courtesy:EX-Servicemen Welfare
CLICK HERE TO VIEW THE HON'BLE SUPREME COURT ORDER
Courtesy:EX-Servicemen Welfare
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