Jammu Kashmir High Court Introduces New Rules to Protect Legal Rights of Armed Forces Personnel

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has introduced a significant amendment to the Jammu and Kashmir General Rules (Civil) of 1978 to streamline and strengthen legal protections for members of the Armed Forces involved in civil litigation. The new Chapter VII-A, titled “Suits by or Against the Soldiers,” was notified by the Registrar General on 5 July 2025, following prior approval from the Lieutenant Governor of the Union Territory.

This amendment, now applicable across all district and subordinate courts in the UTs of Jammu and Kashmir and Ladakh, outlines procedural safeguards and privileges available to serving military personnel—particularly in civil litigation involving arrests, attachments, and representation in court.

According to the notification, “All persons belonging to the Armed Forces are amenable to the jurisdiction of ordinary civil courts” but remain subject to procedural requirements around appearance, execution of decrees, and protection of military pay and property. The rules aim to balance access to justice with the practical limitations faced by soldiers on active duty.

A central feature of the amendment is the formal incorporation of a Government of India memorandum that clarifies the legal status of serving soldiers. “Cases have occurred where civil courts have issued orders attaching the pay and allowances of persons belonging to the Armed Forces,” the memorandum observes. It reiterates that under Sections 28 and 29 of the Army and Air Force Acts, no arms, equipment, or salaries of soldiers may be attached or seized, and they cannot be arrested for debt while in service.

In practical terms, the rules require courts to give priority to cases where a serving soldier is a litigant and has obtained leave for prosecuting or defending a case. Upon presentation of a certificate of leave—formally titled I.A.F. D. 902—the courts are bound to expedite the matter. If the proceedings cannot be concluded during the leave period, civil judges are authorised to extend the period after notifying the soldier’s commanding officer.

“It is a progressive step and long overdue,” said a retired judge familiar with military litigation in the region. “This amendment will help ensure timely adjudication of civil disputes without causing disruption to national service.”

Further, the amendment simplifies the process for military personnel to appoint attorneys for representation when they cannot appear in person. A formal power of attorney, in a format prescribed under Army Regulations of 1927, can be executed without incurring court fees under the Court Fees Act, 1870. The appointed attorney may either personally plead or hire legal counsel on behalf of the soldier.

The newly inserted chapter also codifies specific procedures under the Indian Soldiers (Litigation) Act, 1925. If a court believes that a party to a suit is a soldier unable to appear and is unrepresented, it must notify the commanding officer and suspend proceedings. If the soldier is confirmed to be serving under “special conditions,” as defined by the Act, the case must be postponed.

Courts are now empowered to set aside decrees passed against soldiers if it is proven they were in active service and unrepresented at the time. Additionally, any period of such service will be excluded from the computation of limitation periods under law—except in pre-emption suits.

Notably, the amendments also cover succession certificate proceedings. In cases where a soldier is a potential heir but is not a formal party to the proceeding, courts are instructed to demand appropriate security from the applicant unless the soldier’s consent or power of attorney is produced. This is designed to prevent misuse or exclusion of military heirs during family inheritance disputes.

The High Court has directed all district judges, court registrars, legal services authorities, and judicial academy personnel to implement the rules with immediate effect. The rules will be published in the official government gazette to formalise their applicability.

The reforms come amid a growing recognition of the unique legal vulnerabilities faced by soldiers, particularly those stationed in conflict-prone or remote areas where obtaining leave or engaging legal counsel can be cumbersome.

“The amendment strikes a judicious balance between operational readiness and civil justice,” said a serving defence legal officer who welcomed the move. “It affirms the judiciary’s respect for the realities of military service while ensuring that soldiers are not denied due process.”

This is the first major amendment in decades to the procedural civil rules governing military personnel in Jammu and Kashmir and Ladakh, and is expected to serve as a model for other jurisdictions with high military presence.