Explore options to make amendments in military law: Justice Sikri

Nagpur:Supreme Court judge Arjan Kumar Sikri called for exploring options of compensating personnel found guilty during court marshal, instead of taking them back to the service after winning legal battles. Speaking during the silver jubilee celebrations of Institute of Military Law, Kamptee, on Monday, the judge said it was a must to maintain the tradition of strict discipline in armed forces.
Justifying his suggestion, he stated that such options were available in the civil disputes under Industrial Dispute Act where private companies explore such options by paying increased compensation or one-time payment.
“In the era of globalization, if a company doesn’t want a particular employee, they resort to such tactics. Even in armed forces, such options should be explored. When army personnel, who were pronounced guilty during court marshal, returned to their positions after winning legal battle either in Armed Forces Tribunal (AFT) or Supreme Court, they motivate others to indulge in indiscipline and bring bad name to the organization,” he said.
GRC commandant Brig DV Singh, deputy commandant (OTA NCC) Brig SB Singh, Brig Rakesh Mishra from army headquarters, deputy commandant at IML Col AK Vashisth, and Group Captain George Mattam, from Headquarters Maintenance Command were present on the occasion.
IML commandant Brigadier Vijay Kumar presented a memento to Justice Sikri.
While addressing the officers from ‘Judge Advocate General (JAG)’ branch that included one from Bangladesh Army, the judge stressed on that it was their responsibility to carefully study each case and ensure that principle of natural justice was followed.
He cited the case of 26/11 Mumbai attack perpetrator Ajmal Kasab, who was hanged after over three years of carrying out carnage, where he killed hundreds of innocent citizens.
“Despite clear evidence on TV, he was subjected to the fair trial through session court, high court and finally Supreme Court. Even after that his mercy petition was filed with the President of India. If same had happened in Gulf countries, he would have been executed within minutes. Government spent crores on him. But Indian judicial system provided him all chances. We must give accused as many chances as possible to prove their innocence,” he said.
Justice Sikri also emphasized that in armed forces, justice and discipline were to be ensured and JAG branch officers had a very important role to play in this.
“Aim of court marshal is to give justice and you play vital role in the process. You need to guide judge authorities. There should be no compromise in discipline. If the case suffers from illegality, impropriety and irrationality, then it should be subjected to the judicial review. Court Marshal is not the last authority, there are options available to challenge its decision in AFT and Supreme Court. There shouldn’t be any miscarriage of justice.”
The judge added if right message went out that citizens’ human rights were protected, then only the youths would be attracted towards the armed forces. “The Supreme Court has granted life to every citizen to live with dignity. The entire justice dispensation system must install confidence in the people,” he said.