Legal Article

Government's Stand On Army Chief age row Legally Untenable

It is most despicable and obnoxious to see that a serving Army Chief of the eminence of Gen VK Singh who has an impeccable, distinguished service record by dint of which he has risen to the highest rank and is reputed as a man of very strong principles is treated so contemptuously by our government that is beyond comprehension and is most unfortunate. It is not just Gen VK Singh alone, but the august office of Army Chief which has been dragged in a needless controversy. Never before in independent India has a serving Army Chief been embroiled in such an unsavoury controversy involving his personal integrity. No person of his stature will tolerate being indirectly called a liar on age issue and very rightly so.

At the outset, let me clarify that I hold no brief for Gen VK Singh, COAS but as an enlightened citizen, I am hugely dismayed by the needless current controversy over Army Chief's age row. Let me put few pertinent questions straightway : First, what is Gen VK Singh's date of birth (DOB) in Matriculation Certificate which is universally accepted as the biggest authentic age proof of any individual? Obviously, it is 10 May 1951 as Gen VK Singh claim and not 10 May 1950 as government wrongly claims. Secondly, what is the DOB of Gen VK Singh in all his service records, confidential reports and Adjutant General (AG) Branch which is the last word on all army records and legal matters? Again, it is 10 May 1951. Thirdly, even in all service records of his father who retired as Lieutenant Colonel from the Army, what is Gen VK Singh's DOB? Again, it is 10 May 1951. Fourthly, what is Gen VK Singh's DOB in the Military Hospital at Pune where he was born? Again, it is 10 May 1951. Fifthly, what is Gen VK Singh's DOB as confirmed on police verification? Again, it is 10 May 1951. Sixthly, what is his DOB as recorded in all school certificate? Again, it is 10 May 1951. Seventhly, what is his DOB as recorded by six Promotion Boards in Army to reach the rank of Lieutenant General? Again, it is 10 May 1951. Eighthly, what is his DOB as recorded by AG Branch officially responsible for handling all Army records pertaining to age and legal matters and is final word on all such matters? Again, it is 10 May 1951. Ninthly, what is his DOB as recorded in Voters Cards, PAN Card, Passport and Driving Licence? Again, it is 10 May 1951 in all of them. Tenthly, can only age as erroneously filled by a teacher BS Bhatnagar when Gen VK Singh was a minor in a UPSC application form for NDA even though Bhatnagar himself was gracious enough to admit later that it was solely his fault and again on this very groundless basis alone was wrongly entered by Military Secretary (MS) Branch in its records be considered the sole criteria in deciding the Army Chief's age as the government has done now? Certainly not. Last but not the least, if Gen VK Singh's Headmaster had wrongly filled in 1952 or 1962 as his DOB, would the government still have accepted it. Whom is the government trying to bluff?

When Gen VK Singh was considered for promotion to Lt Gen by Promotion Board, his DOB was 10 May 1951. But in proposal for appointment of Corps Commander, Army Commander and COAS, it was shown as 10 May 1950, by MS Branch intentionally (at the behest of two former Military Secretaries), which clearly depicts that there is more to it than meets the eye.

While our government has just no compunction in granting repeated extensions to civil servants but sticks its neck out in denying Gen VK Singh even his normal tenure! And that too on very flimsy grounds not legally tenable on any score! At a time when government's reputation in combating corruption is already in tatters, it has not covered itself in glory by denying a thoroughly upright, dedicated and highly competent Army Chief of the calibre of Gen VK Singh, who incidentally is also the first trained Commando to be Army Chief and is reputed to have taken head-on all corrupt and inefficient Armymen even his normal tenure, leave alone the question of granting him a well-deserved extension which most unfortunately has been reserved exclusively only for head nodding civil servants! Even prior to becoming Army Chief, he had taken head-on senior corrupt army officers from minting money illegally, many of whom are facing severe disciplinary action. It is not for nothing that three former Chief Justices of Supreme Court including justice JS Verma have stoutly upheld Gen VK Singh's claim as legitimate and worthy to be fully endorsed.

An eminent advocate of Supreme Court Daljeet Singh some time back rightly posed a question in a discussion show in a news channel and hammered home the driving point that "If Gen VK Singh's Headmaster had wrongly filled in 1952 as his date of birth, would the government still have accepted it? It is only age as contained in Matriculation Certificate which serves as the biggest proof of age which cannot be bulldozed by anything else."

The government's highly questionable act in relying wholly on MS Branch on the question of Gen VK Singh's age which is no one to comment on such legal matters and ignoring entirely the AG Branch which is officially authorized in all legal matters of Army has put it under a big scanner and many have lambasted it as it is bound to lower the image of Army, affect adversely the morale of all rank and file of Armymen as everyone knows that Gen VK Singh who has an upright image with impeccable service record is being coerced to be a sacrificial lamb to be edged out much before his actual term is completed on specious grounds having no legal authority and which is just not legally tenable. All this certainly cannot be brushed aside!

What Gen VK Singh is seeking from the government is no illegitimate favour or extension of tenure as most bureaucrats seek in our nation at the highest level and which our government most happily in many cases grants them also without uttering a single word of dissent. All that he is seeking is completing his full legitimate tenure which he is entirely within his legal rights to claim so and which most shockingly the government has held it in abeyance. In my entire life till now even though I am still young, I have never seen so far such an open and shut case but most regrettably, our government is not prepared to budge even an inch and has turned a Nelson's eye to the writing on the wall. The government has not at all covered itself with glory by displaying such a contemptuous approach towards Gen VK Singh who is honest to the hilt and reputed for having never sought any illegal favour in his entire life from anyone. Will our government now dispute this also? Shameful and disgraceful.

It sickens me to the pit of my stomach to see how an honest, upright and dedicated Army Chief of the stature of Gen VK Singh has been publicly slapped by our government notably by our Defence Minister AK Antony whom until this unsavoury episode had happened, I held in the highest esteem and that too on specious grounds. Even a laymen keeps on asking me : "Has Gen VK Singh come from another planet that different absurd parameters are being adopted by the government in his case. Everyone knows including me, an illiterate that age as recorded in Matriculation Certificate holds precedence over everything else but see what this government is doing! New absurd parameters are being adopted to kick out an honest, upright officer who enjoys highest reputation in eyes of common men. What message is the government sending to countries like Pakistan and China? That Gen VK Singh enjoys no authority and we can kick him out of office as per our whims and fancies without fearing anyone and giving a go-by to all established norms as we are in power? All this unjustified manipulation just to install a blue-eyed boy of their own choice as COAS on parochial grounds!" Antony owes an explanation, if not an apology, to the nation for twisting words and misleading about Gen VK Singh's age in Rajya Sabha on 07 Sep 2011. It was a knee jerk reaction.

It is not a case of change of date of birth as Gen VK Singh never asked for it but has been wrongly projected so in a large section of the media most unfortunately. It is a case of correction of a mistake made by the organisation. Therefore, in all fairness, officer must be given his due. 

Sanjeev Sirohi (Advocate)
S/o Col. BPS Sirohi
A-82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut - 250001
Mob: 9411819316