Case: UNION OF INDIA Vs. BRIG. DEVINDER SINGH

3. The respondent herein was promoted to the post of Brigadier in May, 1998 and assumed the Command of 70 Infantry Brigade then deployed in Kashmir Valley in counter insurgency duties in operation Rakshak in the year 1999. His Brigade Headquarter was associated to Ladakh Sector subsequently. As per the respondent, he forecasted the pattern of Kargil intrusion but the same was summarily dismissed by his senior officers4. The grievance of the respondent is that Battle Performance Report, After-Action Report, Report of Army Headquarters Military Operations Directorate and Reports submitted by the High-Power Committee of the Government of India regarding Kargil War 3 should be correctly recorded recognising his performance in Operation Vijay5. It may be stated that the above said Reports are prepared during the action and after the War is completed for review and for further studies at subsequent stages for strategic purposes. Such documents are confidential and are not in public domain6. The learned Tribunal issued directions for correction in Para 192 in the After-Action Report wherein, the impression sought to be given is that Eastern Flank was headed by Brig. Ashok Dugal but as per 3 Operation Vijay Maj. Gen. Budhwar, GOC of 3 Infantry Division, Brig. Ashok Dugal was called to coordinate and assist the Eastern Flank and not superimposed upon the respondent. The direction of the Tribunal was to correct the After-Action Report accordingly.

Reasoning: The After-Action Report is a compilation of the reports submitted by the Officers at the time of engagement. Such reports are collected and maintained for the purposes of future strategic studies and have no adverse consequences in respect of any Officer as no adverse action is taken on the basis of such reports. In fact, the respondent has been conferred Vishisht Seva Medal as the Commander of an Infantry Brigade in the Northern Command who was given the responsibility for the conduct of all operations in Batalik-Yaldor Sector during Operation Vijay8. We find the issue raised is more to take credit by the Officers engaged in Operation Vijay. The reports do not have any civil consequences, therefore, is not subject to judicial review by the Tribunal or the Courts. The order having civil consequences has already been set aside and not appealed by the appellants. Therefore, maintenance of records for future strategic studies is not open to challenge in exercise of power of judicial review9. In fact, in the synopsis furnished by the learned counsel for the respondent, it is mentioned that the respondent does not want any personal relief from the Court but only wants correct historical facts to be drawn and declared by this Court10. The Tribunal or the Court is not the Authority to appreciate the historical facts as it is for the experts and Officers in the Armed Forces to record such facts in terms of the procedure established by them. This Court neither has the expertise nor has the jurisdiction to sit over the reports furnished by the Officers in respect of credit to the Officers involved in the Operation Vijay.