M A I N   N E W S

SC puts seal on Bikram Singh’s appointment as Army Chief
Dismisses PIL filed against his elevation
R Sedhuraman
Legal Correspondent

Petitioners’ claims The petitioners, including ex-Navy Chief Admiral Laxminarayan Ramdas and former CEC N Gopalaswamy, had alleged that the SGPC had lobbied for Singh’s elevation They had challenged Singh’s appointment on two grounds: a case was pending in the J&K High Court about his alleged role in a fake encounter in 2001. Secondly, a Court of Inquiry was on into the reported excesses committed by the Indian forces in Congo in 2007 when Singh was commander of the UN Peacekeeping Force in that country

Court’s stand No way could the 2001 encounter be fake as Bikram Singh himself had suffered a gunshot injury in the incident and remained hospitalised for two months The Union Cabinet Committee on Appointments, headed by PM Manmohan Singh, had decided on Bikram Singh’s elevation after assessing the three major allegations against him and taking into consideration the intelligence and other inputs from various sources

New Delhi, April 23
The Supreme Court today put its seal of approval on the elevation of Lt Gen Bikram Singh as the Army Chief by dismissing a PIL challenging his appointment. Gen Bikram Singh will succeed Gen VK Singh who demits office on May 31.

“It is very unfortunate” that the PIL petitioners had tried to give the appointment exercise a communal colour by dragging the Shiromani Gurdwara Parbhandak Committee (SGPC) and former Army Chief JJ Singh into the row, a Bench comprising Justices RM Lodha and HL Gokhale observed.

The petitioners, who included former Naval Chief Admiral Laxminarayan Ramdas and former Chief Election Commissioner N Gopalaswamy, had alleged that the SGPC had lobbied for Bikram Singh’s elevation, while the succession plan for ensuring his appointment to the top post had been put in place way back in 2005 when JJ Singh was the Army Chief.

The apex court, however, ruled that the Union Cabinet Committee on Appointments, headed by Prime Minister Manmohan Singh, had decided on the elevation of Gen Bikram Singh after assessing the three major allegations against him and taking into consideration the intelligence and other inputs from various sources.

The petition had challenged his appointment on two grounds - a case was pending in the Jammu and Kashmir High Court about his alleged role in a fake encounter in 2001, while a court of inquiry was on into the reported excesses committed by the Indian forces in Congo in 2007 when Bikram Singh was commander of the UN Peacekeeping Force in that country.

After hearing the case for an hour in the morning, the Bench asked Attorney General GE Vahanvati and Solicitor General Rohinton Nariman to produce the Cabinet committee files relating to the appointment and adjourned the matter till 2 pm. After perusing the “top secret” files in the post-lunch sitting, the Bench observed the committee had not only gone into the two allegations, but also another charge that Bikram Singh’s daughter-in-law was a Pakistani and other inputs from various sources. In the context of the alleged succession plan, the petitioners had mentioned the row over the date of birth of Gen VK Singh. The Bench clarified it had already settled the controversy and that it would not allow the matter to be raked up again in any form.

The apex court made it clear that the dismissal of the PIL would have no bearing on any legal or other proceedings pending with the judiciary or any other forum against Bikram Singh. During the arguments, Vahanvati contended that no way could the 2001 encounter be fake as Bikram Singh himself had suffered a gunshot injury in the incident and remained hospitalised for two months. Further, the militants had killed a Colonel and a jawan.

The Bench also clarified that it would not allow any attempt to destroy the reputation of the armed forces, which were discharging their duty under difficult circumstances.