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Thursday, October 4, 2012

Govt of India implements the landmark orders of the Gujarat High Court in a PIL filed by the late General Aurora

It was on 23 December 2011 that the Hon’ble Gujarat High Court rendered a landmark judgement in a Writ Petition filed by the late Lt Gen Jagjit Singh Aurora and others in the year 1999.

Besides other reliefs that were sought, the case was filed by the late General praying that the Govt may be directed to treat all missing Prisoners of War (POWs) as “on duty” for all intents and purposes till their date of retirement. It was also prayed that the Union of India be directed to take up the issue of the missing personnel with the International Human Rights Committee.

The High Court, through a very detailed and extensive order, which at places recorded bone chilling details on the subject alongwith all related evidence on the matter, directed the Union of India to approach the International Court of Justice in this regard and also to pay all retirement and service benefits to the kin of the missing personnel as if they had retired on superannuation.

The detailed judgement on the writ petition which was ordered to be treated as a Public Interest Litigation (PIL), not only traced the entire length and breadth of the issue but also dealt with accounts of individual cases.

The Ministry of Defence, though has challenged before the Supreme Court the part of the order which dealt with directions to the Govt to take up the case with the ICJ, has however implemented the other part which dealt with treating the missing personnel on duty and releasing benefits to the kin as if they (the missing personnel) remained on duty till their respective dates of retirement.

The Defence Ministry has already forwarded the order for implementation to the Services HQ who in turn have asked the respective Record Offices to immediately take requisite steps.


PBOR said...

This was the job of AFs Headquarters, which Courts have to perform. n e ways "ant Bhala toh sab bhala". Again thanks to Maj Navdeep for sharing such Breezes.

Aviator said...

Thank God ..... it is a landmark decision!!!! A really small consolation for the families and next of kin.... but a consolation none the less!!!!!!

Anonymous said...

good that MoD did not challenge the important part in Supreme Court and delayed the issue any further.

The HQs should make concentrated effort to recover their POWs. After all u don't leave ur soldiers behind.

Rahul said...

This case is shocking. A government that forgets its soldiers doesnt need to be defended.
Pack up the Armed Forces

Anonymous said...

@ Rahul

The soldiers defend the motherland and not the governments. Mercenaries defend the governments.

Mercenaries can pack up, unfortunately soldiers cannot.

Capt Sharma said...

Such a policy decision ought to have emnated from the brain of the nation, the law makers in Parliament and there should not have been a need for seeking this through PIL . Alas they are busy in self serving.

I am also reminded of an officer who rose to become 4 star Admiral, who shot down a proposal to moot case for seeking compensation for working in harsh, health threatening environment, " We are not mercenaries".

No doubt we have reached such a state of disgust & despair. We need to carry out introspection within armed forces to focus with clear vision on HRD aspect & how to keep ourselves insulated from the corrupt practices of other organs of government.

col gn rao said...

The Govt is treating service personnel and pensioners worse than slaves and indentured labor under British regime. This the reason for shortages and increase in suicides and disciplinary cases. Premature release/retirement should be allowed with proportionate pension and benefits to let go dis satisfied personnel.