Court slams army for defying President's order

NEW DELHI: The Delhi High Court has criticised the army for defying the president's order on transferring an officer, saying that it had "not advanced the interests of discipline" in the armed forces by doing so.

The army had failed to obey the president's order sanctioning the permanent transfer of a lieutenant colonel on medical grounds.

"It is indeed extraordinary that the army and its JAG (Judge Advocate General) department have fragrantly failed to honour the decision of the commander-in-chief of Indian Army, who is the president of our republic," observed the bench of Justices Vikramjit Sen and S L Bhayana.

The court also slapped costs of Rs 10,000 on the army.

"Once the interests of the president are ignored, this indiscipline would inexorably percolate to lesser commands," the bench said while allowing a petition filed by Lt Col Mukul Dev seeking his permanent transfer to the JAG department from the artillery.
   
"In case they were dissatisfied with the decision of the president of India, they ought to have taken necessary steps to reverse the decision," the bench remarked.

"It does not behove the army to ignore the decision of the president of India and act contrary to its expressed content," the court said while directing the army and the JAG department to comply with the order transferring Dev.

Dev, who had sustained injuries while on duty, had opted for a transfer to the JAG department in March 2003. In 2005, as assistant judge advocate general, he had conducted several court martial proceedings.

The president had sanctioned Dev's transfer to the JAG department after he had made an application in this regard in September 2006.
   
However, the army withheld his transfer on the ground that he had failed to fulfil the criteria to be enrolled as an advocate under the Bar Council of India Act.