New Delhi:
The Army chief's decision to take the government to court over his age turns out to have been a huge miscalculation. The Supreme Court today sided with the government, forcing General VK Singh to withdraw his petition by lunch time. His lawyer said the dispute ended "gracefully" and restored "the honour and integrity" of the chief. Many dismiss that assessment as heavily spin-doctored, and say General Singh may quit before his term expires at the end of May.
The chief did not attend court today; he flew this evening for an official visit to Rajasthan. The Ministry of Defence, sources say, has initiated the process of picking his replacement, in case the General does step down earlier than scheduled. After his petition was withdrawn, the ministry said, "We are happy that the issue has been finally resolved and the controversy has been put to rest."
(Read: 10 big facts on Army Chief vs Govt)During today's hearing, both the government and the Supreme Court paid tribute to General Singh's leadership, and urged him to complete his term.
The two-hour hearing in the morning began with the suggestion that the General had the advantage, but a series of observations by the two-judge bench quickly reversed that impression. The government made it clear that it was not willing to amend records, some of which are decades old, to reflect that General Singh was born in 1951. The chief's lawyer argued that what he was seeking was "a harmonisation" of different records.
However, the judges indicated that it's too late. They said they found "no error or prejudice" in the government's decision. They also underscored that in 2008, when he was up for a big promotion, the General accepted the government's decision to maintain 1950 as his year of birth. "You accepted it. It is a matter of record. Then you became Army chief," they said. They also said they could not ignore "threshold" documents submitted by the General when he joined the services that listed 1950 as his date of birth; they emphasised that these documents cannot be over-looked. Then, they asked the General's lawyer to think about whether he wanted to withdraw his petition.
Speaking on behalf of the government, the Attorney General had said in court, "We have full faith in him...the fact that we are resisting his petition doesn't reflect on his ability to lead the Army. We hope and pray this won't be the end of his service." The Supreme Court also urged the Chief to continue in office. "We want to ensure as Chief of Army, you continue to serve the country as you did for 38 years. This verdict should not come in your way. Wise men are those who move with the wind," the judges observed.
When the hearing began, Attorney General GE Vahanvati said the government was withdrawing the second of two orders that rejected General Singh's petition to change his date of birth. That order was delivered by the Defence Ministry on December 30. However, the government told the Supreme Court that it stood by its decision taken in July last year to dismiss the chief's petition. Effectively, the government told the Supreme Court that it was not willing to amend the records that the chief had objected to.
(Watch: In Supreme Court, Defence Ministry withdraws December 30 order)In the first hearing on the General's case exactly one week ago, the Supreme Court had faulted the December 30 order, saying the government had used a "vitiated" or defective technique to rule against the chief. The judges said that the government had incorrectly involved the same legal expert - the Attorney General - in dismissing the General's original petition in July, and then his appeal. The court said this defied the principles of natural justice.
If General Singh quits this month, the contenders, are in order of seniority: General Shankar Ghosh, Western Army Commander; General V K Ahluwalia, Central Army Commander; and General Bikram Singh, Eastern Army Commander.
But if he steps down after February, the field narrows to General Ghosh and General Singh.