"Matters Before Delhi High Court": Supreme Court Refuses To Entertain Plea Challenging Agnipath Recruitment Scheme

The Supreme Court, on Friday, refused to entertain a plea, which in essence assailed the Agnipath recruitment scheme for the armed forces.

A Bench comprising Justices D.Y. Chandrachud and Hima Kohli asked the petitioner, who is an advocate, not to re-agitate the issues, which are pending adjudication before the Delhi High Court.

"Matters have gone to the Delhi High Court, now do not re-agitate it."

It recorded in the order -

"Petitions are already pending before the Delhi High Court where all issues are under consideration. Not necessary to entertain a PIL at the behest of the petitioner who is an advocate practicing before this court. We dismiss the petition on that ground clarifying that we have not expressed any opinion…on merits."

Earlier, this year, the Apex Court had transferred the writ petitions filed before it challenging the Agnipath recruitment scheme to the Delhi High Court, where similar petitions were already pending. When urged to transfer the petitioner before the Delhi High Court to the Supreme Court, it had refused to do so saying that it would deprive the Apex Court of the reasoning of the High Courts.

The transfer order was passed in three writ petitions filed under Article 32 of the Constitution of India. Two of the petitions were public interest litigation, while the third one was a writ petition filed by a group of persons shortlisted for airman selection in the Indian Air Force who pleaded that the recruitment process which commenced in previous years should be completed regardless of the Agnipath scheme.

The petitioner in the present petition attempted to distinguish his petition from the ones transferred to the Delhi High Court. He submitted that his petition seeks investigation into the protest pursuant to launch of the Agnipath scheme

"This focuses on the destruction of public property."

Justice Chandrachud said, "Don't worry the Govt. will deal with that."

He further noted that upon a closer look at the petition, it is clear that the petition indeed challenges the validity of the scheme by seeking to set up an expert committee to scrutinise the scheme and its impact on national security and the army.

[Case Title: Vishal Tiwari v. Union Of India And Ors. Diary No. 18852/2022]

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