Permanent Commission for women: SC warns Army of contempt, seeks compliance of order


New Delhi, Nov 12 (IANS): The Supreme Court on Friday warned the Army that it will hold it guilty of contempt for not granting permanent commission (PC) to women officers, in accordance with its order. The Army said the decision regarding the remaining women officers will be taken speedily.

A bench headed by Justice D.Y. Chandrachud said the Army has committed contempt of court by not granting permanent commission to women officers, who had received favourable orders from the top court.

As the bench, also comprising Justice A.S. Bopanna, started dictating the order in the matter, the counsel representing the Army told the court it was ready to grant PC to 11 officers who had moved the top court.

The bench noted that the Army may be supreme in its authority, but the constitutional court is also supreme.

The bench said, "We have given you a long rope.... The remarks we had made in the judgement allowing you to file an affidavit on the consideration taken was to ensure that you say what you are doing."

Out of 72 officers, one had applied for premature release, 39 have been granted PC and a letter has been issued on October 29, 2021 in compliance with its verdict.

A total of 36 officers were not considered for PC. After a review, 21 out of the 36 officers were granted PC and the case of one is under consideration. And, out of the remaining 14 officers, three are considered medically unfit.

The Centre's counsel said, "Given the flow of the hearing today I have sought instructions from the highest levels. A clarification is coming in the next few minutes....."

The bench replied to the counsel and said that except for the officers who were found medically unfit, the rest 11 officers would be issued PC.

The bench scheduled the matter for further hearing at 2 p.m.

On October 22, the Centre told the apex court that it had cleared 39 women officers found eligible, after reconsideration, but rejected pleas of 25 others.

 

  

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Comment on this article

  • mohan prabhu, mangalore/canada

    Fri, Nov 12 2021

    Equzlity is equity and a fundamental right in the Constitution which is supreme. The other constitutional machinery - Parliament, the Courts (Supreme Court), the Executive are also supreme in their own right under the Constitution and none of them can trench on the jurisdiction of other branches of the government. The Supreme Court judges do not have to point out that the SC is supreme. It is supreme so far as the jurisdiction is concerned and can declare laws passed by Parliament to be either beyond jurisdiction, violates duly passed laws, or is ultra vires the Constitution. Even an order or judgement of the Supreme Court can be nuillified by a duly enacted Parliamentary law but this can only be done when there is a national emergency, such as a War (including Covid War) and for the duration of that emergency, as Indira Gamdjhi had done when she was the PM.

    DisAgree Agree Reply Report Abuse

  • Dr KUSUMA KUMARI GUNJI MBBS DGO, Nellore Kodyadka

    Fri, Nov 12 2021

    RIght decision by the court Women needs protection in modern day society at any cost

    DisAgree [2] Agree Reply Report Abuse


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