New Delhi: The battle between the army chief and the Central government seems to be intensifying on both the legal and political front.
The Centre on Tuesday filed a Caveat in the Supreme Court asking the court not to pass orders till its stand is heard. The Defence Ministry also sent a list of possible successors to the PMO.
For the first time in the history of India, a serving chief has moved the Supreme Court to restore what he claims is his "integrity and honour".
However, legal experts believe the General moving the Supreme Court has only complicated the matter.
"I am pained about this development for the reason that it has sent out a wrong signal to the ranks down the line. If army chief could go the Supreme Court directly, why not a soldier tomorrow," said PP Rao, senior advocate, Supreme Court.
"Since there is a PIL pending in the Supreme Court, he might have been advised that he should file this petition. But strictly, legally, it is the armed forces tribunal which should have the jurisdiction over," said Raju Ramachandran, senior advocate, Supreme Court.
However, the army chief had earlier armed himself with legal opinions.
The legal opinion, taken before his statutory complaint was rejected by the Ministry of Defence, is being looked at closely by government law officers.
Even as the legal fraternity remains split over whether a serving soldier of this stature should have gone to court in the first place, it is clear the resolution of this stand off is now likely in court of law than in South Block.
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