The Supreme Court seems to have put the UPA Government on the back-foot once again, this time on the Army Chief, General V.K. Singh's age issue.

The court termed a Government order of December 30, 2011 — rejecting General Singh's statutory complaint for considering his age as May 10, 1951 and not as May 10, 1950 — as one that “appears to be vitiated” as well as against the “principle of natural justice and the principle of ultra vires”.
Option to withdraw

It then gave the Government an option to “withdraw” it and granted one week to do so. The matter will be heard again on February 10.

The December 30 decision (of the Defence Ministry) ‘appears to be vitiated' because it was taken after getting an opinion from the Attorney General, and so was an earlier order on July 21, 2011, for which the Attorney General's opinion was sought, the court pointed out.

“We are not concerned as much with the decision but we are concerned with the decision-making process which is vitiated,” the court observed.

Govt's stand

However, the Information and Broadcasting Minister, Ms Ambika Soni, justified the Government's stand saying that, “As far as we know, his (Attorney General's) legal advice was sought again as some new things had come up on the issue and placed before him.... When an opinion is sought for the second time, naturally fresh material and points are put forth to the Attorney General. In view of that a second opinion is often sought, which must have been done.”