Supreme Court dismisses PIL on Army chief General V K Singh's age row

NEW DELH: The Supreme Court on Friday dismissed a PIL seeking a direction to the government to restore the Army Chief Gen V K Singh's date of birth as May 10, 1951 saying it was not maintainable in law.

"In our view, the writ petition filed at the behest of an association is not maintainable. The writ petition is dismissed as not maintainable," a bench headed by Chief Justice S H Kapadia said. "This is purely a service matter," the court said.

The bench was furious that the PIL filed by The Grenadiers Association (Rohtak Chapter) annexed the opinions of former chief justices of India in the petition on the age row of Army Chief when they themselves said it is not for being putting up before the court. He directed the apex court registry not to accept any writ petitions in cases where opinions of former chief justices are annexed.

The Cabinet Committee on Security (CCS) will meet to work out the government's counter measures against Army chief VK Singh, who has taken the tussle over his age to the Supreme Court.

Sources said the government has been negotiating a compromise formula with the General. While it was willing to state that the General had not misrepresented the age, he will have to reciprocate by agreeing to vacate the post, as scheduled, at the end of May.

However, the government's uneasiness over Gen Singh going to the Supreme Court was evident when minister of state for defence MM Pallam Raju said the development has set an unhealthy precedent. "It is an unfortunate development and it is not a healthy precedent either for the defence ministry or the armed forces," Raju said.

He was replying to a question on the sidelines of an NCC function here on whether the government is planning to send the Army chief on leave or if it is looking at the possibility of appointing a new chief.

Asked if the government is embarrassed with Singh dragging it to the apex court on the date of birth issue, he said: "It is not a matter for public debate. It is an unhealthy precedent. It does not auger well either for the ministry or the forces."

Singh had moved the Supreme Court on Monday challenging the government's rejection of his claim on his date of birth.