Delhi Court Orders Prioritising Cases Of Armed Forces, Paramilitary Personnel

The Delhi High Court has directed all lower courts in the national capital to prioritise hearing cases related to the three armed forces - the Army, Navy, and Air Force, as well as paramilitary forces.

The circular, issued by Registrar General Arun Bhardwaj on August 7, on the directions of the Chief Justice, cites provisions under the Army Act, 1950, Navy Act, 1957, and Air Force Act, 1950, which provide for special treatment in litigation involving armed forces personnel. The Indian Soldiers (Litigation) Act, 1925, amended in 2018, also provides additional protection for serving soldiers.

The Chief Justice instructed all district and sessions courts in Delhi to ensure early hearings and expeditious disposal of civil, revenue, and criminal cases related to members of the armed forces. Further, the directive extended to cases involving paramilitary personnel, ensuring their matters are heard on priority.

Copies of the circular have been forwarded to all Principal District and Sessions Judges across Delhi, including Tis Hazari, Rohini, Saket, Dwarka, Karkardooma, and Patiala House Courts.

Justice Surya Kant, while talking exclusively to NDTV, welcomed the Delhi High Court's decision. He said he wishes that the rest of the High Courts of the country also take similar steps and resolve the legal problems of the soldiers engaged in protecting the country as soon as possible.

The decision comes after National Legal Services Authority (NALSA) led by Executive Chairman and the next in line to become Chief Justice of India, Justice Surya Kant launched 'NALSA Veer Parivar Sahayata Yojana' in Srinagar to relieve soldiers from domestic legal burdens by ensuring they get the best possible legal representation even if they don't get leave and can't appear for court proceedings.

Justice Surya Kant, who conceived and spearheaded the initiative, told NDTV that NALSA is coordinating with the defence department to ensure Army soldiers are given legal help and can focus on their jobs, which is critical for national security.

"Soldiers brave everything from harsh terrain to enemy fire to protect the country, and the judiciary wants to ensure it can do everything possible for them and their families. We have launched the 'Veer Parivar Sahayata Yojana 2025'. Soldiers of the Army and paramilitary forces are posted in remote areas and on the borders. Often, they can't even talk to their families on the phone and can't get leave. In such a situation, if there is a case against them or their family, they should not be deprived of anything. So, at NALSA, we decided to come up with a scheme in which they get legal aid, legal assistance, and legal advice," he said.

Justice Surya Kant added, "To provide this facility, we spoke to the concerned wings of the defence department. We will establish legal aid clinics in district and state Sainik Boards."

The Supreme Court judge further explained that former soldiers who have secured a legal degree and become advocates will be engaged as legal aid counsels, and family members of soldiers can also serve as paralegal volunteers.