This Article is From Jan 20, 2012

Supreme Court rejects Army chief PIL; says don't give us opinions of ex-chief justices

Supreme Court rejects Army chief PIL; says don't give us opinions of ex-chief justices
New Delhi: Defence Minister AK Antony has said he is "sorry and sad" about the government's dispute with the army chief about how old he really is.    General VK Singh took the government to court this week in the hope of establishing that he is correct in claiming that he was born in 1951, not 1950.  Documents with the army reflect both dates.  

Today, the Supreme Court dismissed a Public Interest Litigation (PIL) that was filed in support of the army chief, General VK Singh, who is battling the government over his age.  The PIL was filed by an association of ex-army officers. The court said, "Allowing your petition will lead to conflicts and it would be a travesty of justice for the individual." The judges hearing the case took strong exception to the fact that the PIL was accompanied by opinions of former Chief Justices in support of the army chief's stand. The judges today said, "We are not concerned with the opnion of former Chief Justices," and ordered that in future, PILs which come with such opinions attached will be rejected.

General Singh has become the first serving military chief to take the government to court.  In a petition filed in the Supreme Court earlier this week, he has asked for an explanation of why his claim that he was born in 1951 and not 1950 has been rejected by the Ministry of Defence.

General Singh had said that the PIL was one of the reasons why he went to court; if it had been rejected before he filed his petition, he may not have been able to get the Supreme Court to hear his case.  For now, the court has not indicated whether the chief's petition has been accepted.

The government says that documents that list the date of birth as 1950 trump the others.  It also says that many promotions granted to General Singh used 1950 to establish his seniority.  Going by 1950 as the year of birth means the General has to retire at the end of May; accepting 1951 as his birth date would qualify him for another year in office, though he has said in his petition that  it is the government's prerogative to determine his tenure.

Yesterday , the Army Chief met with minister of State for Defence Pallam Raju who had publicly criticised him for setting an "unhealthy precedent" by taking his dispute to court.

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