Punjab and Haryana HC disposes of PIL seeking commission for defence personnel, expresses hope for Centre’s consideration
The petitioner had sought a writ of mandamus directing the Ministries of Defence and Home Affairs to establish a National Commission for Defence Personnel, with statutory powers to address grievances, recommend reforms, and provide redress for serving and retired soldiers and their families.
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The Bench observed that there was “no enabling statutory provision” under the current legal framework of the Central or State Governments to constitute such a commission. (File photo)The Punjab and Haryana High Court on Tuesday disposed of a public interest litigation (PIL) seeking the constitution of a national commission for serving and retired defence personnel and their dependents. The court expressed hope that the Central Government would consider the grievance and pass appropriate orders, if necessary.
The petition filed by Tamanna Swami, a 20-year-old law student at the Army Institute of Law, Mohali, had sought a writ of mandamus directing the Ministries of Defence and Home Affairs to establish a National Commission for Defence Personnel, with statutory powers similar to other commissions such as National Commission for Women and National Commissions for Scheduled Castes, Scheduled Tribes, and Backward Classes, to address grievances, recommend reforms, and provide redress to affected families.
The Union of India was represented by Additional Solicitor General Satya Pal Jain.
The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry recorded that the grievance was that defence personnel lacked an equivalent redressal mechanism despite facing unique service-related hardships and systemic vulnerabilities.
The Bench observed that there was “no enabling statutory provision” under the current legal framework of the Central or State Governments to constitute such a commission.
However, taking note of the representations already submitted by the petitioner to the authorities in 2022, the court said, “Without commenting on the merits of the petition, we dispose of the present petition with the hope and expectation that the grievance raised by the petitioner shall be looked into by the Central Government and that appropriate orders, if necessary, shall be passed in this regard.”
Swami, daughter of serving Army officer Colonel Anil Dev Swami (VSM), had filed the PIL invoking Articles 226 and 227 of the Constitution. Her petition stated that India’s 41 lakh-strong defence community, including 15 lakh serving and 26 lakh retired personnel, faced a host of administrative, legal, financial, and social issues without a dedicated forum to address them.
Among the key incidents cited in her plea was the alleged harassment faced by her mother, Uma Berwal Swami, a senior manager with the Central Bank of India. According to the petition, Uma invested ₹60 lakh in a Chandigarh real estate project, but the builder repeatedly delayed handover of the allotted plot. When she pursued the matter, she was allegedly coerced into signing revised terms under pressure and was humiliated in front of the builder’s staff and security personnel. The family’s inability to pursue the matter effectively was attributed to her husband’s posting in Leh and the absence of a statutory body to safeguard the rights of defence families.
Swami also cited the violent assault involving Colonel Pushpinder Singh Baath in Patiala in March 2025 as a recent example of the institutional vulnerability of serving personnel and the lack of systemic safeguards.
The petition was listed multiple times over the last four months. On April 4, 2025, the petitioner sought an adjournment. On April 9, she again requested more time to prepare, which was granted. On April 30, the court directed her to file an affidavit with supporting material. On May 28, her counsel informed the bench that she was facing personal difficulty, leading to another deferment. The case was finally disposed of on July 29.
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