HC demands civility in army law

NEW DELHI: In a bid to tone down Army law, the Delhi High Court said security forces manning the border areas and those assisting in maintaining internal law and order can "no longer be viewed as a support or adjunct of rulers".

"Personnel of the Armed Forces are entitled as much as any other citizen to the protection of the Constitution of India," said a bench of Justices Vikramajit Sen and SL Bhayana while quashing the chief of army staff's order that denied Major Gen BPS Mander the promotion to the rank of Lt Gen because he was a witness in an ongoing court martial proceeding.

Mander had moved HC saying though the Special Selection Board and the Appointments Committee of the Cabinet approved his name for promotion last year, army top brass deprived him of the rank.

"It has become an odious practice to which authorities routinely succumb, to initiate anonymous or pseudonymous complaints against the person who is in the reckoning for promotion," the judges observed.

The high court asked the Centre to pay Rs 25,000 as penalty to Mander.

"It is axiomatic that there must be sound and legally admissible evidence available with the authority before any officer or employee is denied his promotion," they added. "In the present case, we reaffirm that there was none at the time by which the petitioner's promotion was rescinded."

Meanwhile, defence minister AK Antony has ruled out changes in existing rules of court martial.