STOCK MARKET BSE NSE

SC rejects PIL on Army Chief’s age row

NEW DELHI: The Supreme Court on Friday dismissed a Public Interest Litigation (PIL) seeking correction of the age of the Chief of Army Staff. A Bench comprising Chief Justice S H Kapadia, Just

Published: 21st January 2012 02:11 AM  |   Last Updated: 16th May 2012 06:18 PM   |  A+A-

vksingh2_PTI_l

(Express News Photo)

NEW DELHI: The Supreme Court on Friday dismissed a Public Interest Litigation (PIL) seeking correction of the age of the Chief of Army Staff. A Bench comprising Chief Justice S H Kapadia, Justice A K Patnaik and Justice Swatanter Kumar declined to entertain the petition filed by the Grenadier Association of the Rohtak chapter, on behalf of Gen V K Singh, saying that an association cannot agitate on behalf of a private individual. As soon as the hearing commenced, Justice Kapadia exploded saying, “How could you annex the opinion of a former Chief Justice? How is this petition filed under Article 32 maintainable?” Senior advocate Bhim Singh, who is also the president of the Panthers’ Party, tried to justify the PIL quoting some judgments of the apex court. “The person who is aggrieved has to come before the court. We administer justice according to the law of the country. You show whether the petition is maintainable,” the Chief Justice persisted. Justice Patnaik, intervening, said, “If we pass any orders, we will be setting a bad precedent.” The Chief Justice again said, “On facts we are not going to say anything.”

“Anything that comes in the newspaper headlines is a PIL,” said Justice Patnaik. “In our view, a writ petition of this nature is not maintainable. We express nothing on its merits,” he added.

“This is purely a service matter. How can a PIL be filed on that?” the Chief Justice remarked. He directed the registry of the apex court not to accept in future any writ petitions where opinions of former Chief Justices are annexed.

It may be recalled that Gen Singh himself had filed a petition before the Supreme Court seeking a direction to the government that his date of birth be treated as May 10, 1951, and not as May 10, 1950. “We are not concerned with the opinions of the former CJIs. It is  most improper and most unfortunate. We will not consider the opinion of former CJIs,” the Chief Justice said and pointed out that the former CJIs had said that their opinions were not to be put in court.



Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp