The Punjab and Haryana High Court on Monday has issued a notice to the Union Government regarding the Ministry of Defence’s (MoD) recent policy of contesting nearly all decisions by the Armed Forces Tribunal (AFT) that grant disability benefits to personnel. This move has sparked widespread concern among military veterans and organizations, particularly due to the policy’s origins in the advice of the Army’s Judge Advocate General’s (JAG) branch.
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Colonel (retd) Sadhu Singh Sohi, president of the Ex-Services Grievances Cell, Mohali, has filed a public interest litigation (PIL) criticizing the MoD and JAG’s approach of “flood[ing] the Courts with en masse, unethical, damaging and unnecessary litigation against disabled soldiers and old pensioners.” This strategy, according to the PIL, directly contradicts directives from the Prime Minister and high-level law and defence ministry committees aimed at ending such litigation, burdening both the exchequer and the disabled soldiers.
The PIL highlights a shift from a 2019 decision, influenced by the Prime Minister, where the MoD retracted appeals from the Supreme Court, only to resume flooding the courts with similar cases. It notes that the government had resolved to challenge verdicts only in cases involving disabilities due to negligence, intoxication, or substance abuse, acknowledging the impact of military service on soldiers’ health.
The Supreme Court previously dismissed close to 1,000 appeals by the MoD against disabled soldiers in 2014, prompting the Prime Minister to direct the defence minister to form a high-level expert committee. This committee criticized the Army and MoD for engaging in “ego-fuelled” litigation. Following this, the then attorney general Mukul Rohtagi advised the MoD against actions that could cause state loss and government embarrassment, leading to the Supreme Court’s strictures against the MoD for challenging settled pension matters.
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The PIL states,
“In 2023, a series of coercive orders were passed by AFT against MoD officials for not complying with judgments for years together, which led to the issuance of the policy for challenging all orders passed in favour of disabled veterans.”
It accuses JAG officials of initiating litigation based on senior law officers’ opinions without proper acknowledgment of the legal stance and the harsh realities of military service, and of “hiding” past government decisions to cease such litigation.
The petition argues that while departments like the Ministry of Finance have made commendable efforts to reduce litigation, the MoD continues to undermine the Prime Minister’s Office and government efforts by “clogging the justice delivery system with unethical litigation.” This case underscores the ongoing legal battles faced by disabled veterans and the broader implications for justice and military welfare.