'Baseless Allegations': Delhi High Court On Plea Challenging System Of Awarding Gallantry Medals To Armed Forces As Arbitrary

The Delhi High Court today dismissed as withdrawn a petition filed by a retired defence personnel, alleging that the current system of awarding gallantry medals to armed forces personnel is arbitrary and does not follow merit.

The plea was withdrawn after the Bench of Chief Justice DN Patel and Justice Jyoti Singh observed that the plea is filed without any basis and is liable to be dismissed with heavy costs.

"It's very easy to put an allegation but, what is the basis of saying so? You cannot give us one example! This is all argument in extract," the Chief Justice remarked as the Petitioner failed to point out even a single case where the medal was given to an undeserving person.

"You don't know ABC about persons given awards. Give us names of 2 persons who were recently given medals," the Chief Justice said.

He added,

"This is not a small allegation! You should have thought twice before making such an allegation against the authority. If you can convince us, we will allow the plea. But if you cannot substantiate your argument even prima facie, why should you be permitted to make such allegations?"

The Petitioner, represented by Advocate Vivekanandh, had alleged that instead of going by merit, persons of specific rank are being given gallantry medals. "Medal has become a badge of rank for Lieutenant Generals, etc.," he said.

It was further alleged that the Committee deciding as to who should be conferred with the award is "far away from the ground reality". He stated that this Committee often turns down the recommendations made by the Commanding Officers, who are fully aware about the performance of the personnel, without even assigning any reasons thereof. He urged that guidelines should be issued whereby the Committee is required to pass reasoned orders and there is a system of review.

Finding no merit in the argument, the Bench said, "Medals are not given just like that! These are very high ranking officials in the Committee." It added that it may not be possible to award every person in the same year but so far as the names can be recommended again, there is nothing left to interfere.

Accordingly, it passed the following order: "After advancing arguments at length, the petitioner seeks to withdraw the petition "unconditionally". The writ petition is disposed of as withdrawn."

Case Title: Jaswant Singh v. Office of President of India & Ors.