New Delhi: The Supreme Court on Monday (May 19) clarified that its May 9 interim order directing Centre to not release Short Service Commission women Army officers from service till the next hearing in August will be applicable to the women officers who have moved the apex court, high courts and the armed forces tribunal against denial of permanent commission to them.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh made the clarification after the Centre moved the top court seeking clarification on it May 9 order, submitting that there were other officers also who have moved different judicial forums and the May 9 interim order may create some problems.
Bench made it clear that no adjournment of hearing will be allowed
The bench made it clear that no adjournment of hearing will be allowed in the matter. The bench earlier had posted all pleas for final hearing in August and had said that first it will hear Army matters on August 6 and 7, followed by Navy, Air Force and Coast Guard matters in sequence.
What did the apex court say in its May 9 interim order?
The apex court in its May 9 order, while hearing pleas filed by 69 women Army officers challenging the denial of permanent commission, directed Centre not to release them from Short Service Commission till the next date of hearing in August, saying “In the prevailing situation, let’s not bring their morale down.”
The bench, during the last hearing on May 9, asked the Centre not to “bring their morale down” in “the prevailing situation”, saying the women officers have a better place to be and serve the country and this is not the time that they be asked to roam around in the Supreme Court.
This is not the time that they be asked to roam around in the Supreme Court, bench had said
“In the prevailing situation let’s not bring their morale down. They are brilliant officers, you can use their services somewhere else. This is not the time that they be asked to roam around in the Supreme Court. They have a better place to be and serve the country,” Justice Kant said on May 9.
Decision was based on an administrative policy aimed at keeping armed forces young, Centre earlier told apex court
Additional Solicitor General Aishwarya Bhati, who appeared for the Centre, told the bench that the decision was based on an administrative policy aimed at keeping the armed forces young. She urged the court not to grant any stay on the release of the women officers, submitting only 250 personnel were granted permanent commission annually.
The case of Colonel Sofia Qureshi was mentioned during the last hearing
Senior advocate Maneka Guruswamy, who appeared for petitioner colonel Geeta Sharma, referred to the case of Colonel Sofia Qureshi, who along with Wing Commander Vyomika Singh briefed media on ‘Operation Sindoor’ on May 7 and 8, during the last hearing and said that Colonel Qureshi had also earlier approached the apex court for a similar relief related to permanent commission and now she has made the country proud.
Apex court in a 2020 verdict ruled in favour of granting Permanent Commission to women officers in Indian Army
The Supreme Court ruled in favour of granting Permanent Commission (PC) to women officers in the Indian Army in a verdict delivered on February 17, 2020, saying the absolute exclusion of women from all others except staff assignments is indefensible and the blanket non-consideration of women for criteria or command appointments without any justification by the Army cannot be sustained in law.
