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CJI seeks attorney Generals assistance for amending Air Force act

Team SoOLEGAL 16 Feb 2018 7:17pm

CJI seeks attorney Generals assistance for amending Air Force act

NEW DELHI: The Chief Justice of India Dipak Misra has initiated a move to amend Air Force Act.He has   sought Attorney General KK Venugopal’s help in correcting an anomaly in law which allows court-martialled army or navy personnel a set-off of their pre-trial custody period against their jail terms.Where army personnel in Army Act, 1950 are allowed this concession ,air force personnel are not allowed this as the Navy Act, 1957 does not have this provision .

Now the CJI  who had noticed this gross anomaly in a case in 2013  has asked Venugopal to assist the top court in extending a similar provision to air force personnel.  Justice Misra, then the junior judge sitting alongside Justice BS Chauhan, had urged the central government at that time to amend the law, but nothing has happened since then.

The power to change law rests only with parliament but courts generally refrain from making such recommendations as Parliament take this as interference in its functioning.   



Tagged: SC   Air Force   Attorney General  
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