Thursday, February 16, 2012

Have Peace, not Justice

Dear Sir,
Does the manner in which this case has been dispensed with, imply that the Indian population may lose confidence in the ability of the highest courts of India, to deliver true justice, when it has to do so against an unreasonable and biased Government actions and so called 'vitiated' decisions against high profile, honourable and upright personalities.
Whatever anyone may say, it seems highly doubtful that the Army Chief's integrity and honour has been fully restored by this slap, he has got on his face, to say the least. The Government of India has been very cunning in sending the Chief to London, perhaps as a reward for having withdrawn his petition to save their face.
It shows the Government of India has now developed the ability of playing around with the dates of births of Indians to their convenience and on the merit of each case. This unhealthy precedence may cost dearly to the Government in times to come.
Col LK Anand Retd

Have Peace, not Justice
In what came to be called an ‘unprecedented step’, the Army Chief, Gen VK Singh had gone to the Supreme Court seeking justice against a Government order dated December 30, 2011, which had rejected his statutory complaint seeking resolution of a conflict in his service records that showed two dates of birth – 10 May 1951 as per the records held by the Adjutant General’s Branch (AG) and 10 May 1950 as per the records held by the Military Secretary’s branch (MS) at the Army Headquarters. All legally tenable evidence like birth certificate, school leaving certificate and prior legal advice from three or four former Chief Justices of India pointed only to one date – 10 May 1951 as the correct year of Gen VK Singh’s birth.
In the first hearing on February 3, the apex Court reprimanded the Government for its ‘vitiated decision making process’ which had resulted in rejection of Gen VK Singh’s statutory complaint. Throwing back the Government order of December 30, the honourable judges also offered the Government counsel to either withdraw this order or else they would quash it, as reported in the media. In the second hearing on February 10, even as the Government withdrew its impugned order, the Court surprisingly upheld the same Government decision that had rejected the General’s contention and maintained 1950 as his year of birth. It also ticked him off for reneging on his earlier commitments accepting the date he was now challenging. The General withdrew his petition
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