Kargil martyr's kin seeks justice from PM Narendra Modi

NEW DELHI: Aggrieved with lack of judicial review, a Kargil martyr’s father has written to the Prime Minister asking to seek remedy against an Armed Forces Tribunal (AFT) judgment in the High Court, a legal path currently barred after a Supreme Court judgement earlier this year, ensured the apex body remains the only forum for appeals.

However a bench comprising Justices Ranjan Gogoi and NV Ramana has issued a notice to the government to reconsider the matter last month after what was seen as a major setback to the welfare of Ex-servicemen, disabled soldiers and widows in the armed forces.

Gubax Singh Dhindsa the father of Late flying officer GS Dhindsa, who performed multiple sorties before his aircraft crashed upon scrambling for an enemy aircraft, was fighting for pension dues in the AFT. While the tribunal has granted him due pension and ex-gratia amount, he has not been given any interest for the amount held back from him since 1999. "When a civilian employee or his family member has a right to a three tier judicial approach, why do I have only one tier?" Asks Dhindsa in his letter.

Section 31 of the AFT Act provides that appeals before SC cannot be filed unless the case involves a "point of law of general public importance" and the SC has also held that issues such as pension, promotions, pay scales etc. do not fall in the category of "public importance".

As reported by ET earlier, veteran organizations across the country directed protest letters to the Prime Minister in July this year to initiate steps to abrogate and repeal Sections 30 and 31 of the AFT Act, 2007 in order to make justice 'more accessible' to defence personnel.