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Despite SC fiat, Govt to stick to Singh age order
The Supreme Court’s warning of quashing it notwithstanding, the Government is unlikely to withdraw its order rejecting Army chief General VK Singh’s statutory complaint regarding his date of birth issue. The Government is willing to face consequences, when the Supreme Court takes up the matter on Friday.
Criticising the Defence Ministry for issuing its December 30, 2011 order as it was against principle of natural justice, the SC had asked the Government on February 3 to withdraw. The court said it will quash the order if not withdrawn.
However, the Government may not withdraw its order as it tantamount to accepting that it had committed a mistake, sources said here on Tuesday adding the Centre is also not keen on a compromise with Singh.
He had moved the apex court on January 16 challenging the December order and maintained his correct date of birth is May 10, 1951. The Defence Ministry, however, rejected the statutory complaint and said his year of birth is 1950.
Moreover, the Ministry ordered the Adjutant General branch of the Army on January 23 to correct the Army chief’s year of birth to 1950. The Adjutant General branch maintains records of all Army personnel and has Singh’s year of birth as 1951.
As regards the possibility of the Supreme Court quashing the order, sources said it may not have an impact on the Government’s stand as the apex court has not commented on the Ministry’s July 23 order last year.
The July order had directed the Army to change Singh’s year of birth and he filed a statutory complaint with Defence Minister AK Antony a few days later. This development forced the Government to keep the order in abeyance and the directive was re-issued when the Army chief’s statutory complaint was rejected.
Sources said the Centre feels it is on a strong legal wicket and is prepared to battle out the issue in the court as the decision to reject Singh’s contention was taken after seeking legal advice.
However, the apex court had taken exception to the Ministry’s decision making process and questioned the logic of consulting Attorney General GE Vahanvati in July and then again in December before rejecting Singh’s complaint. The two-judge bench including Justices RM Lodha and HL Gokhale also sought to know from the Government as to why it did not seek legal opinion from other quarters.
The Supreme Court’s warning of quashing it notwithstanding, the Government is unlikely to withdraw its order rejecting Army chief General VK Singh’s statutory complaint regarding his date of birth issue. The Government is willing to face consequences, when the Supreme Court takes up the matter on Friday.
Criticising the Defence Ministry for issuing its December 30, 2011 order as it was against principle of natural justice, the SC had asked the Government on February 3 to withdraw. The court said it will quash the order if not withdrawn.
However, the Government may not withdraw its order as it tantamount to accepting that it had committed a mistake, sources said here on Tuesday adding the Centre is also not keen on a compromise with Singh.
He had moved the apex court on January 16 challenging the December order and maintained his correct date of birth is May 10, 1951. The Defence Ministry, however, rejected the statutory complaint and said his year of birth is 1950.
Moreover, the Ministry ordered the Adjutant General branch of the Army on January 23 to correct the Army chief’s year of birth to 1950. The Adjutant General branch maintains records of all Army personnel and has Singh’s year of birth as 1951.
As regards the possibility of the Supreme Court quashing the order, sources said it may not have an impact on the Government’s stand as the apex court has not commented on the Ministry’s July 23 order last year.
The July order had directed the Army to change Singh’s year of birth and he filed a statutory complaint with Defence Minister AK Antony a few days later. This development forced the Government to keep the order in abeyance and the directive was re-issued when the Army chief’s statutory complaint was rejected.
Sources said the Centre feels it is on a strong legal wicket and is prepared to battle out the issue in the court as the decision to reject Singh’s contention was taken after seeking legal advice.
However, the apex court had taken exception to the Ministry’s decision making process and questioned the logic of consulting Attorney General GE Vahanvati in July and then again in December before rejecting Singh’s complaint. The two-judge bench including Justices RM Lodha and HL Gokhale also sought to know from the Government as to why it did not seek legal opinion from other quarters.
