The Punjab and Haryana High Court disposed of a public interest litigation seeking the creation of a statutory National Commission for serving and retired defence personnel and their families, finding no existing legal provision for such a commission but expressing hope that the Central Government would consider the matter on merits.
The PIL was filed by the petitioner, a 20-year-old law student and daughter of a serving Army officer, who requested a writ of mandamus directing the Centre to establish a National Commission for Defence Personnel with statutory powers analogous to the National Commissions for Women, Scheduled Castes, Scheduled Tribes, and Backward Classes. The petition highlighted that India’s over 41 lakh-strong defence community faces distinctive administrative, legal, and financial challenges without a dedicated, empowered forum. High-profile incidents illustrating specific vulnerabilities and hurdles, such as family members’ legal struggles and reported attacks on serving officers, were cited as context.
The Bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry noted, after considering the pleadings, that there is presently no statutory basis under central or state law for constituting a commission as requested. The court cited the existence of dedicated commissions for women, SCs, STs, and OBCs, but distinguished these from the absence of any enabling legal framework for the proposed defence commission.
Nonetheless, the High Court took into account that the petitioner had previously submitted representations to relevant authorities regarding the stated grievances and, without commenting upon merits, disposed of the PIL with the “hope and expectation” that the Centre would duly examine and, if appropriate, address the issues flagged.
Appearances:
For the Petitioner: Petitioner-in-person
For the Respondents: Mr. Satya Pal Jain, Additional Solicitor General of India (UOI), with Mr. Dheeraj Jain, Senior Panel Counsel.
