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Synopsis

The Supreme Court has sought an explanation from the Chairperson of Armed Forces Tribunal (AFT) over its recent order transferring Justice Dharam Chand Chaudhary from the AFT bench at Chandigarh to its regional bench in Calcutta.

CJI DY Chandrachud led bench has directed that the same be provided in a sealed cover to the Registrar General of the Supreme Court.

"Pending further orders Shri Chaudhary need not assume charge in Kolkata. The execution applications being heard in Chandigarh shall not be disposed of without leave of this court", the bench also comprising Justices JB Pardiwala and Manoj Misra has ordered.

CJI Chandrachud observed that the present situation would merit close scrutiny.

It is to be noted that Justice Dharam Chand Chaudhary, a Judicial Member of AFT Chandigarh, was transferred just before he was about to hear a contempt case against Senior officials of the Defense Accounts Department for not implementing orders regarding grant of disability pension to army personnel.

A plea was thus filed by Armed Forces Tribunal Chandigarh Bar Association alleging that the Defense Ministry was interfering with the judicial process.

Additionally, while transferring Justice Chaudhary, the AFT Chairperson had also transferred to himself the contempt case filed against the erring officers.

Advocate K Parmeshwar, appearing for the AFT Bar Association, submitted before the bench today that the entire tribunal was being controlled by the Defense Ministry, which had on multiple occasions, refused to implement its orders.

It has been further argued that the control of the Union Defense Ministry over the AFT is contrary to Constitution Bench judgments of the Supreme Court.

Thus, while issuing notice in the plea, top court has directed the Chairperson to submit his report before the next date of hearing, on October 13.

Case Title: Armed Forces Tribunal Bar Association Chandigarh vs. Union of India