Delhi HC reserves verdict on pleas challenging Agnipath scheme

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad asked the parties to file their written submissions by December 23 before the court closes for winter break.

On day three of the arguments, which began on December 12, Additional Solicitor General Aishwarya Bhati appearing for the Centre said the Agnipath scheme was considered for introduction in June 2021. “The decision to cancel the recruitment processes was not taken in 2021. The Agnipath scheme was on the horizon but it had not been finalised. It got decided in June 2022 when it was notified in a gazette,” Bhati said.

She said that the Union of India had not picked or chosen advertisements and that till May 31, 2021 it tried its best to carry out recruitment wherever it could.

She also said the Agnipath scheme was going to bring a “paradigm shift” in the way armed forces personnel were recruited. “You are dealing with a defence policy. A lot of things we have said orally and a lot of things we cannot say on affidavit because this is concerning the nation’s readiness in warfare,” Bhati said.

Advocate Prashant Bhushan, appearing for the petitioners who applied for recruitment in previous advertisements, said the government did not stop the recruitment in all the services and certain hirings in the Indian Navy were carried out in February 2022.

He also said that while deciding the matter, the HC will have to consider the “reasonableness” of such a decision by the Centre.  He argued that the Centre allowed the recruitment process to go on for over a year before his clients came to know that the new scheme was being introduced. “Clearly it was not a decision to put all recruitment processes on hold otherwise they would have informed us,” Bhushan said. He further said his clients were not just over age, but like many Indians, they actually wanted to serve in the armed forces.

Bhati in a rejoinder said each force is peculiar and has its own requirements. A requirement of personnel arose in the Navy because of which the recruitment process was carried out. Bhushan, however, said, “Question is what was the reason why the recruitment was put on hold. The reason that has been given is that Agniveer was under serious consideration… if that is correct then why was the recruitment for the Navy carried out.”

The Centre had submitted on Wednesday that the scheme is a work in progress and operational issues can be ironed out. The object behind the scheme, the Centre claimed in its written reply, is to have a blend of young recruits between the ages of 18-25 years as Agniveers, supervised by experienced regular cadre personnel in 26 to 52 age group, working under commanding officers within the age bracket of 37 to 40 years.