As the ministry of defence is still examining the options given by the Supreme Court for withdrawing defence minister A.K. Antony’s order rejecting the statutory complaint of Army Chief General V.K. Singh on the date of birth controversy, he placed on record certain additional documents in a bid to make a case for hearing of his petition by the top court itself and not referring it the armed forces tribunal.
Gen. Singh’s counsel confirmed that certain additional documents, mainly those related to the Army Act cases dealt directly by the Supreme Court, has been placed on record to make a case “stronger” for hearing on merits by the top court itself even if the MoD withdraws the December 30, 2011 order passed by Mr Antony or it is quashed by the court as was indicated by a bench of Justices R.M. Lodha and H.L. Gokhale last week.
Gen. Singh’s counsel filed the documents ahead of the Friday’s crucial hearing as the bench had given attorney-general G.E. Vhanvati a week’s time on February 3 to come back with a clear “instruction” form the MoD whether it was willing to withdraw the order or ready to face a situation where it is quashed by the court. Sources said that any decision on the issue would be taken only after Vahanvati discusses the matter at highest level, including with Mr Antony, who returned to the capital from Visakhapatnam.
The top court had found procedural “fault” in Mr Antony’s order pointing out that he had decided Gen. Singh’s statutory complaint on the advice of the AG, who also had given legal opinion on the issue earlier in July 2011 to the ministry, which subsequently had rejected Army Chief’s plea on July 21 on the basis of the same. The Army Chief has submitted that his correct date of birth is May 10, 1951 as recorded in his matriculation certificate not May 10, 1950 as mentioned by him by “mistake” in NDA exam form.