SC: Courts cannot sit over reports w.r.t officers’ credit in military operations

The Hon’ble Supreme Court, on 23rdAugust 2019, in the matter  of Union of India & Ors. v. Brig. Devinder Singh pronounced that courts do not have the jurisdiction to sit over the reports furnished by the Officers in respect of credit to the Officers involved in the military operations.

The Hon’ble Supreme Court observed that:

Reports prepared by the armed forces, which do not have any civil consequences are not subject to judicial review by the Tribunal or the Courts. (This inference has been drawn on the basis of Para 8)

Maintenance of records by armed forces for future strategic studies is not open to challenge in exercise of power of judicial review. . (This inference has been drawn on the basis of Para 8)

This Court neither has the expertise nor has the jurisdiction to sit over the reports furnished by the Officers in respect of credit to the Officers involved in the military operations.  (This inference has been drawn on the basis of Para 10)

Copy of judgement: Judgement_23-Aug-2019

-Adv. Tushar Kaushik

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