The Ministry of Defence (MoD) has finally come up with a Republic Day gift, albeit a morbid one, for the Armed Forces. Oh yes, also the Army Day is not too far away.
The MoD has now officially admitted that it has filed appeals against disabled soldiers in the Supreme Court in ‘almost all types of cases’.
The proof of the latest pudding lies in reading it, and you can read it by clicking here.
Of course the issue of mindless litigation has been discussed on this blog time and again earlier, some of the earlier instances are listed here, here, here, here, here, here, here, and here.
A perusal of the above linked latest instructions would show that the MoD has further directed the Armed Forces not to even seek separate legal opinion on individual cases and directly file appeals in the SC based on pre-existing advice for filing appeals tendered by central govt lawyers in similar cases earlier.
The MoD however interestingly remains silent on the totally opposite legal opinion in many cases where it had been on the contrary decided that appeals should not be filed. In fact, there must be hundreds of instances where an opinion of not filing an appeal would have been rendered, but rather than going with such advice, the MoD is hell bent upon sticking to legal advice which goes against poor pensioners and disabled and war disabled soldiers.
Thousands of appeals are being prepared to be filed by Govt lawyers in the SC against judgements by the AFT and High Courts granting disability benefits to disabled soldiers, thereby forcing these poor soldiers to litigate till the SC. Apart from the ensuing appeals, thousands of cases are already pending.
First, arbitrary policies are formulated against disabled and war disabled soldiers, and then when courts rightly intervene, such soldiers are forced into ruthless litigation. It is easy for the Govt to use its large army of lawyers, including the Solicitor General (SG) and the Additional SGs, for waging a war against its own disabled soldiers, but can these soldiers and their families afford to effectively fight this war against the official establishment at the level of the Supreme Court?
At present, more than 90% of all appeals/SLPs filed by the MoD pending in the SC are against their own disabled and war disabled soldiers.
What more could be said about this nation? And what is Saint Antony doing? What can be said about this Country’s political, military and bureaucratic leadership!
Meanwhile for the officialdom, it’s just another day but I do want to hang my head in shame.