SC transfers pending PILs against Agnipath Scheme to Delhi HC

The bench said petitioners before the four high courts can also opt to intervene in the proceedings before the Delhi High Court

The Supreme Court on Tuesday transferred multiple writ petitions challenging the validity of the Agnipath scheme, a short-term plan for recruitment to armed forces, before the Delhi High Court, which is already considering a similar plea.

A bench of Justices D Y Chandrachud, Surya Kant, and A S Bopanna shifted three PILs, which came up for hearing, to the Delhi High Court. “Let us also have the benefit of perspective of the High Court. We will allow you to go to the High Court. It is always good to have a considered view of the High Court,” the bench noted.

Petitions filed by Harsh Ajay Singh, M L Sharma and Ravindra Singh Shekhawat came up for consideration before the top court.

After hearing Solicitor General Tushar Mehta, advocates M L Sharma, Kumud Lata Das and others, the bench also said that multiplicity of writ petitions on the subject will not be desirable and pan-India issue does not mean that the top court should hear it, one of the High Courts can also hear it, and it has been done earlier.

The bench said petitions pending in other High Courts may also be transfered to the Delhi High Court to avoid inconsistent decisions.

The top court said if any PIL is filed in future, the concerned High Court may give the same option to the petitioner to approach the Delhi High Court.

The Ministry of Defence announced the scheme on June 14, 2022.

Massive protests had broken out in several parts of the country, after the announcement of the scheme, related to recruitment of candidates between 17.5-21 years in armed forces for a four-year period. However, subsequently, the central government increased the upper age limit to 23 years for recruitment in 2022.