The Centre on September 30 said it was willing to appoint former Delhi High Court Chief Justice Rajendra Menon as Chairman of the Armed Forces Tribunal (AFT).
Appearing before a Bench led by Chief Justice of India Ranjan Gogoi, Attorney General K.K. Venugopal said since the Chief Justice of India had recommended the appointment of Justice Menon, the government had no hesitation in approving it.
Mr. Venugopal said the file of Justice Menon was under consideration of the Appointments Committee of the Cabinet. The incumbent chairperson of the AFT, Justice Virender Singh, is scheduled to retire on October 6.
The two judicial members are due to retire in December this year.
Mr. Venugopal said the problem of vacancy within the AFT ran deeper than the impending retirements of the Chairman and the two members. There were 14 judicial members and 12 administrative members. “The AFT is unable to function with so many vacancies,” he said.
The AG said a judgment on the legality of amendments and Rules made in and under the Finance Act was due from the Supreme Court.
Petitions were filed on the amendments that intend to give the government a monopoly over appointments to key tribunals despite the fact that the government is a litigant in all of them.
“They claim it was excessive legislation. Judgment has to be delivered soon. We should know whether the court intends to strike down or uphold the legislation,” Mr. Venugopal submitted.
But the CJI said the appointment of the Chairman, AFT, should be made without delay. “Then it is the issue of two members retiring in December... the judgment will come by then,” the CJI assured the government.
