The Jammu and Kashmir Supreme Court requested a response from the center on the current status of the Jammu Armed Forces Tribunal.
The bank set up that direction to encourage a plea from former army personnel Mohd Rafiq Malik, who filed a complaint of malfunction of the tribunal since the pandemic hit India. He claimed that the tribunal’s failure to function prevented many from accessing justice.
The bank ordered the additional attorney general to file an affidavit within four weeks and report the current status of the tribunal.
The lawyer on behalf of the petitioner stated that there are not even virtual hearings via video conferencing, which is even more convenient for the residents of Jammu.
The petitioner was injured because the tribunal did not function as his case was pending before the tribunal. He was discharged from the armed forces on charges of entering into a second marriage during the first marriage.
The petitioner was dismissed from the service in 2010. He alleged that after following the divorce procedure, he had entered into a second marriage.
The petitioner also stated that he had registered the divorce with a Molvi and that his dismissal order was therefore not only unfounded and unlawful, but also violated the provisions of the Army Law and Rules (Rules 22-23 and 180).
The petitioner alleged that his plea against the unlawful dismissal in 2016 had been forwarded by the High Court to the Armed Forces Tribunal and is still pending.
The petitioner also alleged that his case was not listed after the pandemic. The High Court then ordered the Center to file its response at the next hearing, which was held on March 30, 2021.