Click to play videoNew Delhi: Army Chief General Vijay Kumar Singh's petition on his date of birth has been adjourned by the Supreme Court till February 10, giving the General and the Central Government more time to resolve the controversy.
With the Supreme Court admitting General Singh's petition, the Army Chief has won round one of the battle. The apex court also criticised the government's handling of the controversy while directing the Attorney General of India to take instructions from the government on the December 30, 2011 order which fixed General Singh's date of birth as May 10, 1950. The court pointed out that there was no independent evaluation of General Singh's complaint.
The apex court said that the December 30 order relied on Attorney General Vahanvati's opinion given to the government and hence was not correct.
"We are of the prima facie view that decision making process of the government in disposing off General VK Singh's statutory complaint is vitiated. It seems that going to the Armed Forces Tribunal for the General may not be efficacious," the bench of Justices RM Lodha and HL Gokhale observed while pointing out that principles of natural justice were not followed in the matter.
The courtroom witnessed heated arguments with the Attorney General and the Solicitor General Rohinton F Nariman representing the Government of India while General Singh's lawyer was Uday Lalit.
The Supreme Court started by putting basic objections to the government on the stand that on July 21, 2011, it had determined General Singh's date of birth and on that order of the government, the General filed a statutory complaint and again, another order was passed on December 30, 2011.
Observing that the July 21 order was made on the opinion of the Attorney General and the December 30 opinion was again made on the opinion of the Attorney General, the Supreme Court said that this was against the principle of natural justice because the government had again sought the opinion of the person who was committed to one particular opinion.
Thirdly, the court also expressed the opinion that if the General was to go to the Armed Forces Tribunal or the High Court, it may not be efficacious because considering the Armed Forces Tribunal, there are Army officers who happen to be the General's junior, and then again there will be a conflict of interest.
So the Supreme Court took the view that the only option left for the General was to fight it out in the highest court of the land.
Before concluding its observations, the court directed the Attorney General to take a clear stand as to what the Government of India was going to do with the December 30, 2011 order and if they are going to withdraw it.
"Because we (the court) feel that principles of natural justice were not followed and whatever happens, please come back and tell us on Friday", the court added.
Sources close to General Singh said that he was extremely happy with the Supreme Court's observations.
In an unprecedented move General Singh had on January 16, 2012 moved the Supreme Court to resolve the controversy over his date of birth.
There are two sets of General Singh's date of birth in the Army's records leading to a controversy and putting a question mark over when he would retire and the officer succeeding him to lead the 1.13 million strong fighting force.
General Singh contends that May 10, 1951 should be treated as his actual date of birth as it was mentioned in his matriculation certificate but the Defence Ministry has rejected it as May 10, 1950 is the date entered in his Union Public Service Commission (UPSC) form for the National Defence Academy.
The Adjutant Branch, Army's official record keeper, also records May 10, 1951 as General Singh date of birth and the same is mentioned in his Army ID card, driving licence, passport and other service records. Even all his Annual Confidential Reports since 1970 show May 10, 1951 as his date of birth.
But the Military Service Branch has another set of the General's date of birth showing that he was born on May 10, 1950 and this is the date that the Ministry of Defence has been insisting on as being official.
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