Fearing attachment of properties and salaries, the ministry of defence (MoD) on Monday produced implementation orders in about 250 cases before the Chandigarh Bench of the Armed Forces Tribunal where petitions were filed against non-execution of its judgments. All verdicts pertained to disability benefits.
While passing a strong order on a bunch of petitions last month, the Bench headed by Justice SS Thakur had made it clear that the Tribunal would be taking coercive action and invoking the powers of execution under Order 21 of the Code of Civil Procedure (CPC) to get its orders implemented.
The Punjab and Haryana high court had last year in an order on a public interest litigation had said the AFT could invoke provisions of Order 21 of the CrPC to get its orders implemented.
The Order 21 provides for both detention and attachment of property of judgment debtors. It was brought to the high court’s notice that “keeping the implementation of judicial orders in suspended animation was against the grain of judicial dignity”.
Bhim Sen Sehgal, chairman of All-India Ex-Servicemen Welfare Association, had complained to the MoD over non-implementation of AFT orders.