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.
7 comments:
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.
Thank God ..... it is a landmark decision!!!! A really small consolation for the families and next of kin.... but a consolation none the less!!!!!!
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.
This case is shocking. A government that forgets its soldiers doesnt need to be defended.
Pack up the Armed Forces
@ Rahul
The soldiers defend the motherland and not the governments. Mercenaries defend the governments.
Mercenaries can pack up, unfortunately soldiers cannot.
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.
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.
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