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| High court relief for RS Pura ex-soldier | | | EARLY TIMES REPORT
Jammu, Nov 8: A Division Bench of the Supreme Court comprising JJ V.S. Sirpurkar and Tirath Singh Thakur dismissed an appeal by the Union of India against the judgment of the High Court of Jammu and Kashmir.
Three Judges in separate judgments namely, Justice T.S. Dobia (Single), JJ K.S. Radhakrishnan and Virender Singh (Division Bench) had given a judgment in favour of S. Tara Singh of R.S. Pura and ex-soldier in Jammu and Kashmir militia which was converted to JAKLI in 1963 directing the Union of India and the Army to release the pension in favour of the petitioner.
“Let this be done within a period of three months from the date copy of order passed by this court is made available by the petitioner to the respondents and their counsel,’ the judgement said.
Petitioner is held entitled to interest at the rate of 6% for arrears. In case payment is not made in terms of this order passed today the rate of interest would be 12%. This would be payable by the person on whose account delay occurs".
The Division Bench also dismissed LPA of the Union government in April 2008. Union of India had preferred an appeal in the Supreme Court in September 2009.
Bhim Singh, senior attorney at-law and barrister appearing for the ‘wretched of the earth’ old soldier S. Tara Singh of R.S. Pura raised a strong plea against the unexplained delay of 19 months that too by the Union of India which he argued could not be condoled under any jurisprudence of law.
However, S. Tara Singh was discharged in 1964 from his services on the grounds of ‘disability’ by an order of Army Headquarters and therefore it could not be argued that Army Law was not applicable to him.
The Supreme Court dismissed the appeal of the Union of India. Bhim Singh hoped that Union of India shall implement the order of the court without any delay though the delay has been caused unnecessarily.
Satish Vig assisted Bhim Singh.
Indira Jai singh, Additional Solicitor General appearing for the Union of India failed to convince the court on the maintainability of the SLP.
Bhim Singh who is also the chairman of the State Legal Aid Committee, Jammu and Kashmirexpressed faith in the judiciary of the country which is the only available instrument to seek justice.
He has been fighting for speedy delivery of justice for the past 30 years while providing free legal aid to the poor and needy persons like S. Tara Singh.
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