Tuesday, June 16, 2009
AFT and after
I agree with the concept of having a `Military Appeals Court' but I am not sure if AFT in present form is the answer. I also do not agree with our learned friend Navdeep's description of present army act as British Legacy for a `native army'. We need to remember that before the british there was no Army Act in India nor did any of our great Maharajas deem it necessary to enact one to match and surpass the British. LAstly if the present Army ACt was so bad why has it not been thrown away for last 60 years. Sexcond I also do not agree with our learned friend on the issue of `customs of war'. He suggests that thse are best done away with. The fact is that such customs provide basis to every law. For example the present civil code which forms the bedrock of Indian jurisprudence is based on `catholic customs and beliefs' by virtue of being carbon copy of Eurpoean jurisprudence and that is the reason why Indian Law many a times runs counter to social norms and hence observed in denial (case of marriages between cousins of same gotras in Haryana). AFT in present form is nothing but imposition of civil judiciary on the military. This will slowly but surely destroy very uniqueness of the military. What we needed was a `military system of justice presided by military judge, based on jury system free from command influence and JAG influence. Having provision for appeals but totally manned by Jury composed of people with proven combat record.
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