Can’t start running the command structure of Army: Supreme Court

The Supreme Court on Friday said it cannot run the affairs of the Indian Army and that it can only intervene on matters of law.

The top court was hearing a plea by a woman colonel given the charge of a company of soldiers -- ordinarily commanded by a major, two ranks her junior.

Attorney General R Venkataramani submitted before a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra that this case should go to the Armed Forces Tribunal (AFT), as it involves too many facts.

On behalf of petitioners, senior advocate Meenakshi Arora raised the issue of the woman colonel being given the charge of a company, ordinarily led by a major rank officer.

“We now can’t run the affairs of the Army,” the bench said, adding  it can interfere in the cases on issues of principles and “surely, we can’t start running the command structure of the Army”.

A counsel submitted that not a single woman has been given promotion after 2020, and they are all in service. 

In the present case, Arora said the woman officer has been given permanent commission and she is a colonel in the Army, and it is “gross humiliation” for her.

Arora said that usually a colonel has to be put in a command post which will have a certain number of JCOs (junior commissioned officers), officers and others under them. 

“Now people who are junior to me have been given units in those commands,” she said.

The bench told the AG that these issues can be examined by authorities. It also asked the petitioners to circulate a note detailing their grievances. 

The bench said the respondents can file their response on the issues.

The court fixed the matter for further hearing on September 27.

In 2020, the top court had directed the granting of permanent commission to women officers in the Army.