Insidious PIL took me to SC: Army Chief

The PIL brings in a lot of other matters,including the succession issue,to the legal domain and could have proved insidious,Gen. Singh is learnt to have written.

It is also learnt that just before Gen. Singh moved the apex court,a resolution to the controversy was being worked upon,wherein the Army Chief would have relinquished charge on whatever date the government set,and the defence ministry would have agreed that he had not misrepresented his date of birth.

A formulation to this effect was in the works through consultations involving National Security Adviser Shivshankar Menon,but with the PIL scheduled for hearing this week,the Chief’s legal camp decided that time was running out. Besides,the formula was still lacking the required political backing.

The government filed a caveat in the Supreme Court on Tuesday,pleading that no judgment be passed without hearing its view on the matter. Prime Minister Manmohan Singh,Defence Minister A K Antony and Law Minister Salman Khurshid held extensive consultations,and Defence Secretary Shasikant Sharma was called back from an official engagement in Malaysia as the government contemplated its next step.

The government will try to make the point that the matter should be left in the domain of the executive. It will argue that if the matter is heard in court,secret and sensitive documents and details would come out in the public domain,throwing a harsh light on the office of the Army Chief,besides entailing security implications.

The government may also try to explain that the matter pertains to a sensitive jurisdiction issue as other legal options,including approaching the Armed Forces Tribunal,also exist.

The implications for the Chief’s office,given that the two departments with differing records of his date of birth are under his authority,would also have to be considered.

Sources said the government’s options after Gen. Singh moved the Supreme Court include removing him from the post. The court might,however,deem such action as violative of the officer’s right to justice.

A second option could be to send the Army Chief on long leave until the matter is resolved by the court. In this case,the Vice Chief of Army Staff,Lt Gen. S K Singh,could be made Acting Chief,as is done when the top officer is abroad or on leave.

The government could also try to calm things down by an early announcement of the next Army Chief,set to take over in May. The officer slated to take over is Eastern Army Commander Lt Gen. Bikram Singh.