J&K High Court Notifies Procedural Safeguards For Armed Forces In Civil Litigation

The amendment, notified with the prior approval of the Lieutenant Governor, introduces a new Chapter VII-A titled “Suits by or Against the Soldiers,” which lays down detailed procedural guidelines for district and subordinate courts across the Union Territories of Jammu & Kashmir and Ladakh.

The newly inserted chapter recognises the unique constraints faced by soldiers due to their military duties and provides a structured legal framework to protect their interests in civil proceedings. It makes clear that while members of the armed forces are amenable to the jurisdiction of civil courts, they enjoy certain procedural safeguards, particularly in matters concerning personal appearance, execution of decrees, and protection of their pay, allowances, and military equipment.

The amendment emphasises that military personnel cannot be arrested for debt or have their pay and allowances attached by civil or revenue courts, as safeguarded under the Army Act and the Air Force Act, 1950. If a soldier is unable to personally appear in court due to service requirements, the law permits representation through a duly executed power of attorney, which is exempt from court fees.

Additionally, in order to avoid undue hardship, the courts have been directed to accord priority to cases involving soldiers who are on sanctioned leave for prosecuting or defending a suit.

Further, the amendment incorporates and elaborates upon provisions of the Indian Soldiers (Litigation) Act, 1925, mandating courts to suspend proceedings when they believe that a soldier, who is a party to the suit and unrepresented, is serving under “special conditions.” Upon confirmation from the prescribed military authority that the soldier is indeed engaged in such service, the court must postpone the proceedings until either the soldier is duly represented or the special conditions cease to exist.

Special instructions have also been issued to subordinate courts in cases involving succession certificates. Where a soldier is potentially an interested party in such proceedings and is found to be serving under special conditions, the court must exercise caution before proceeding and may demand additional safeguards such as a power of attorney or a written assurance, depending on the circumstances.

Recognising the operational constraints of the armed forces and aiming to prevent any prejudice that may arise in civil matters due to their absence, all judicial officers in the Union Territories have been directed to comply with the revised rules and ensure their effective implementation.

Click Here To Read/Download Order