A Justice DY Chandrachud led bench to shortly take up an application stating Indian Army has "not granted #PermanentCommission to even 50% of women officers" assailing the arbitrary criterion adopted by Centre to "deny benefit to deserving women candidates" #SupremeCourt@adgpi
Hearing begins.
Justice Indu Malhotra: Centre wants time to file reply
Senior Adv Paramjit Patwalia: The declassified results have a problem my client who has completed 20 years has not been granted #PermanentCommission she will be relieved by next date
Justice DY Chandrachud: She will get pension anyhow
Patwalia: The second client is completing her engineering course from CME and that's a added advantage but now she has been denied permanent commission. This is very absurd..No-one has told us why PC was not granted
Justice Chandrachud: How do we stay the release? Without an affidavit by Centre how can we do this ?
Patwalia: Let status quo be maintained. They want to implement the SB 5 board and this is the third time they are seeking adjournment.
Adv Shraddha Deshmukh: the affidavit is ready and let us put it on record.
Senior Adv Meenakshi Arora: Let there be a statement that there is precipitation in between
Arora: reports suggest 422 out of 615 officers have been granted permanent commission but that is not the case. Effectively only 193 have been granted. They are in category who have served maximum of 20 years. We had filed an application in September. Govt knew our apprehensions
Arora: The apprehensions about SB 5 board have come true now. Majority are out-of the 615 candidates. Our list shows highly decorated officers who have been part of Operation Rakshak etc have now been not granted permanent commission. The govt cannot sit over the reply
Arora : let this not be a partial victory for the women.
Justice Chandrachud: Ms Deshmukh will anything happen till Friday?
SC: Please ensure there is no precipitative action be taken qua the petitioners till next hearing
Matter passed over. Junior counsel appearing for the Centre taking instructions to see if they agree to a suggestion of not taking any precipitative action against the candidates till next tuesday
Hearing resumes.
Senior Adv Menasha Arora corrects her statement. Arora: 277 has been granted PC and 193 have not been granted the permanent commission
ASG Sanjay Jain: process of selection is over and results declared. We need two weeks to file a reply. The counter is ready but these aspects in new IA needs to be taken care of
Jain: We will respond to all the 17 persons before your court individually. Out of 17, 9 have not been approved for permanent commission. We will deal with all cases separately
Senior Advocate Meenakshi Arora*
Justice Chandrachud: One candidate was cleared to complete M Tech course. She was to be elevated as a brigadier... Lt Col Navneet Lobana. Please take a look at it independently
Senior Adv Patwalia: these ladies have faced the SB5 board thrice. Till next day don't see precipitative action
Jain: Out of 615, 422 have been found to be fit on merits.
Arora: Thats not correct
Matter to be taken up in December next.
Justice Chandrachud: please prepare a chart and tell us the individual status of each applicants.
Matter over
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High Court of Karnataka and Karnataka State Legal Services Authority in association with with Karnataka State Bar Council and Advocates Association, Bengaluru will be organising an event to commemorate "Constitution Day".
The event will be on the subject "Access to Justice during COVID-19 through use of Technology".
The Ex Chief Justice of India Justice Jagdish Singh Khekar will be delivering the key note address.
"We are proud as members of Bar to be stakeholders in judicial system which protects rights of people. Supreme Court has played a stellar role on the sentinels of democracy."
During a hearing before Bench of Justices SS Shinde and MS Karnik they indicated that they will begin physical hearing of matters from December 1, 2020.
Justice Shinde: We will hear for 4 hours everyday. We also have fundamental rights!
Justice Shinde added that they have been facing various issues with virtual hearings.
Shinde: From morning to evening we only hear sound. Advocates do not have proper system we cannot hear them properly. We understand there are atrocities committed everyday.